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Case TitleMUSLIM ADVOCATES et al v. U.S. DEPARTMENT OF STATE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01143
Date Filed2020-05-01
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffMUSLIM ADVOCATES
PlaintiffNAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC.
Case DescriptionMuslim Advocates and the NAACP Legal Defense & Educational Fund submitted FOIA requests to the Department of State and U.S. Customs and Border Protection for records concerning how Proclamation 9983 implementing the Trump administration's extreme vetting policy for immigrants had been implemented and enforced. Muslim Advocates also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, Muslim Advocates and the NAACP Legal Defense & Educational Fund filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF STATE
DefendantU.S. DEPARTMENT OF STATE
DefendantCUSTOMS AND BORDER PROTECTION
1300 PENNSYLVANIA AVENUE NW
WASHINGTON, DC 20004
DefendantU.S. CUSTOMS AND BORDER PROTECTION
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-011COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-7082058) filed by MUSLIM ADVOCATES. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Civil Cover Sheet Civil Cover Sheet, # 10 Summons DOS Summons, # 11 Summons CBP Summons)(Azmi, Nimra) (Entered: 05/01/2020)
2020-05-012NOTICE OF RELATED CASE by MUSLIM ADVOCATES. Case related to Case No. 18-1546. (Azmi, Nimra) (Entered: 05/01/2020)
2020-05-04Case assigned to Judge Tanya S. Chutkan. (zmc) (Entered: 05/04/2020)
2020-05-043SUMMONS (2) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 05/04/2020)
2020-05-054NOTICE of Appearance by Samuel Spital on behalf of NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. (Spital, Samuel) (Entered: 05/05/2020)
2020-05-055MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ashok Chandran, Filing fee $ 100. Fee Status: Fee Paid. by NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. (Attachments: # 1 Declaration of Ashok Chandran, # 2 Text of Proposed Order)(Spital, Samuel) (Entered: 05/05/2020)
2020-05-06MINUTE ORDER: Granting 5 Motion for Leave to Appear Pro Hac Vice. Ashok Chandran is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff NAACP Legal Defense & Educ. Fund, Inc. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Tanya S. Chutkan on 5/6/2020. (DJS) (Entered: 05/06/2020)
2020-05-116NOTICE of Appearance by Ashok Chandran on behalf of NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. (Chandran, Ashok) (Entered: 05/11/2020)
2020-05-267LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MUSLIM ADVOCATES, NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. (Azmi, Nimra) (Entered: 05/26/2020)
2020-05-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/26/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 6/25/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/26/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 5/26/2020; U.S. DEPARTMENT OF STATE served on 5/26/2020 (Azmi, Nimra) (Entered: 05/26/2020)
2020-06-229NOTICE of Appearance by Paul A. Mussenden on behalf of U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE (Mussenden, Paul) (Entered: 06/22/2020)
2020-06-2510ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE.(Mussenden, Paul) (Entered: 06/25/2020)
2020-06-26MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 8/10/2020. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 6/26/2020. (DJS) (Entered: 06/26/2020)
2020-06-29Set/Reset Deadlines: Joint Status Report due by 8/10/2020. (tb) (Entered: 06/29/2020)
2020-07-0911Consent MOTION to Amend/Correct Complaint by MUSLIM ADVOCATES, NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. (Attachments: # 1 Exhibit Ex. A [Proposed] First Amended Complaint, # 2 Exhibit [Proposed] Ex. A to First Amended Complaint, # 3 Exhibit [Proposed] Ex. B to First Amended Complaint, # 4 Exhibit [Proposed] Ex. C to First Amended Complaint, # 5 Exhibit [Proposed] Ex. D to First Amended Complaint, # 6 Exhibit [Proposed] Ex. E to First Amended Complaint, # 7 Exhibit [Proposed] Ex. F to First Amended Complaint, # 8 Exhibit [Proposed] Ex. G to First Amended Complaint, # 9 Text of Proposed Order)(Azmi, Nimra) (Entered: 07/09/2020)
2020-07-17MINUTE ORDER: Granting Consent 11 Motion to Amend/Correct Complaint. The First Amended Complaint which is attached to Plaintiffs' Motion as ExhibitA is deemed filed and served as of the date this Order. Signed by Judge Tanya S. Chutkan on 7/17/2020. (DJS) (Entered: 07/17/2020)
2020-07-1712AMENDED COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE filed by MUSLIM ADVOCATES, NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC..(ztd) (Entered: 07/20/2020)
2020-07-3113ANSWER to 12 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE.(Mussenden, Paul) (Entered: 07/31/2020)
2020-08-1014Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Mussenden, Paul) (Entered: 08/10/2020)
2020-08-13MINUTE ORDER: Having considered the parties' joint status report 14 , it is hereby ordered that the parties shall file another joint status report by September 9, 2020, along with a proposed order. Signed by Judge Tanya S. Chutkan on 8/13/2020. (DJS) (Entered: 08/13/2020)
2020-08-13Set/Reset Deadlines: Joint Status Report due by 9/9/2020. (tb) (Entered: 08/13/2020)
2020-09-0215NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Paul A. Mussenden (Carilli, Joseph) (Entered: 09/02/2020)
2020-09-0816NOTICE OF SUBSTITUTION OF COUNSEL by Matthew W. Callahan on behalf of All Plaintiffs Substituting for attorney Nimra H. Azmi (Callahan, Matthew) (Entered: 09/08/2020)
2020-09-0917ENTERED IN ERROR. . . . . Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) Modified on 9/9/2020 (ztd). (Entered: 09/09/2020)
2020-09-0918Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 09/09/2020)
2020-09-09NOTICE OF CORRECTED DOCKET ENTRY: re 17 Status Report was entered in error and counsel refiled said pleading in the correct case. (ztd) (Entered: 09/09/2020)
2020-09-14MINUTE ORDER: Having considered the parties' joint status report 18 , it appears that the Defendants failed to meet and confer with the Plaintiffs regarding Defendants' request that Plaintiffs narrow their search request. Additionally, the parties failed to attach a proposed order to the status report as required by this court's 08/13/2020 Minute order. Accordingly, it is hereby ordered that the parties shall meet and confer by October 9, 2020 and file a joint status report by October 30, 2020 along with a proposed order. Going forward, the parties shall meet and confer at least 10 days prior to the due date of any joint status reports. Signed by Judge Tanya S. Chutkan on 9/14/2020. (DJS) (Entered: 09/14/2020)
2020-09-14Set/Reset Deadlines: Meet & Confer Statement due by 10/9/2020. JOint Status Report due by 10/30/2020. (tb) (Entered: 09/14/2020)
2020-10-3019Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 10/30/2020)
2020-12-17MINUTE ORDER: A telephonic status conference is hereby scheduled for 12/21/2020 at 1:00 p.m. The Judge's courtroom deputy will contact the parties with dial-in instructions. Signed by Judge Tanya S. Chutkan on 12/17/2020. (lcac) (Entered: 12/17/2020)
2020-12-17Set/Reset Hearings: Status Conference set for 12/21/2020 at 01:00 PM in Telephonic/VTC before Judge Tanya S. Chutkan. (tb) (Entered: 12/17/2020)
2020-12-21Minute Entry: Status Conference held on 12/21/2020 before Judge Tanya S. Chutkan: Sworn affidavits from each party due by 1/8/2021. Joint status report due by 1/29/2021. (Court Reporter Bryan Wayne) (tb) (Entered: 12/22/2020)
2021-01-0820NOTICE of Lodging by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit DHS Declaration, # 2 Exhibit DoS Declaration)(Carilli, Joseph) (Entered: 01/08/2021)
2021-01-26MINUTE ORDER: Joint Status Report due 1/29/21 and every 30 days therefore. To the extent the parties propose a production or briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 1/26/21. (DJS) (Entered: 01/26/2021)
2021-01-26Set/Reset Deadlines: Joint Status Report due by 1/29/2021. (tb) (Entered: 01/26/2021)
2021-01-2921Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 01/29/2021)
2021-03-0122Joint STATUS REPORT (Sixth) by MUSLIM ADVOCATES. (Attachments: # 1 Text of Proposed Order)(Callahan, Matthew) (Entered: 03/01/2021)
2021-03-3123Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 03/31/2021)
2021-04-1324TRANSCRIPT OF 12/21/20 TELEPHONE CONFERENCE before Judge Tanya S. Chutkan held on December 21, 2020; Page Numbers: 1-17. Date of Issuance: 4/13/2021. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form at www.dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/4/2021. Redacted Transcript Deadline set for 5/14/2021. Release of Transcript Restriction set for 7/12/2021.(Wayne, Bryan) (Entered: 04/13/2021)
2021-04-3025Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 04/30/2021)
2021-06-0126Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 06/01/2021)
2021-07-0127Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 07/01/2021)
2021-08-0228Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 08/02/2021)
2021-08-2529NOTICE OF SUBSTITUTION OF COUNSEL by Sanaa Ansari on behalf of MUSLIM ADVOCATES Substituting for attorney Matthew Callahan (Ansari, Sanaa) (Entered: 08/25/2021)
2021-08-3030Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 08/30/2021)
2021-09-1731NOTICE of Appearance by Sanaa Ansari on behalf of MUSLIM ADVOCATES (Ansari, Sanaa) (Main Document 31 replaced on 9/21/2021) (ztd). (Entered: 09/17/2021)
2021-10-0132Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 10/01/2021)
2021-10-3033Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 10/30/2021)
2021-10-31MINUTE ORDER: At least five days prior to the next scheduled status report, the parties shall meet and confer to discuss the processing of Plaintiffs' requests and Plaintiffs' pending settlement offers, the first of which was apparently made on 8/2/21. Going forward the parties shall continue to meet and confer at least 5 days prior to filing their next joint status report. Signed by Judge Tanya S. Chutkan on 10/31/21. (DJS) (Entered: 10/31/2021)
2021-11-1734NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of All Defendants Substituting for attorney Joseph F. Carilli. Jr. (Tepe, Sean) (Entered: 11/17/2021)
2021-11-2935Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 11/29/2021)
2021-12-2936Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 12/29/2021)
2022-08-07MINUTE ORDER: By 8/31/22 the parties shall meet, confer and file a joint status report. Signed by Judge Tanya S. Chutkan on 8/7/22. (DJS) (Entered: 08/07/2022)
2022-08-07Set/Reset Deadlines: Joint Status Report due by 8/31/2022. (tb) (Entered: 08/07/2022)
2022-08-3137Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 08/31/2022)
2022-09-3038Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 09/30/2022)
2022-10-03MINUTE ORDER: By 10/31/22 the parties shall meet, confer, and file a joint status report, which shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 10/3/2022. (lcwk) (Entered: 10/03/2022)
2022-10-04Set/Reset Deadlines: Joint Status Report due by 10/31/2022. (tb) (Entered: 10/04/2022)
2022-10-3139Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 10/31/2022)
2022-11-07MINUTE ORDER: By 12/15/22 the parties shall meet, confer, and file a joint status report, which shall be accompanied by a JOINT proposed order. Signed by Judge Tanya S. Chutkan on 11/7/2022. (lcsr) (Entered: 11/07/2022)
2022-11-08Set/Reset Deadlines: Joint Status Report due by 12/15/2022. (tb) (Entered: 11/08/2022)
2022-11-1740NOTICE of Appearance by Richard B. Katskee on behalf of MUSLIM ADVOCATES (Katskee, Richard) (Entered: 11/17/2022)
2022-11-1741MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Reem Subei, Filing fee $ 100, receipt number ADCDC-9681293. Fee Status: Fee Paid. by MUSLIM ADVOCATES. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Katskee, Richard) (Entered: 11/17/2022)
2022-12-06MINUTE ORDER: Granting the 41 Motion for Leave to Appear Pro Hac Vice. Reem Subei is hereby admitted pro hac vice to appear in this matter on behalf of Muslim Advocates. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Tanya S. Chutkan on 12/6/2022. (lcsr) (Entered: 12/06/2022)
2022-12-1542Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 12/15/2022)
2022-12-16VACATED PURSUANT TO MINUTE ORDER FILED ON 01/13/23.....SHOW CAUSE MINUTE ORDER: The parties shall meet and confer and submit to the court their position on whether this case should be consolidated with related cases 1:17-cv-02080-TSC and 18-cv-01546-TSC, no later than January 3, 2023. The parties' joint response shall be limited to no more than seven pages and accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 12/16/2022. (lcsr) Modified on 1/18/2023 (tb). (Entered: 12/16/2022)
2022-12-1943NOTICE of Appearance by Reem Subei on behalf of MUSLIM ADVOCATES (Subei, Reem) (Entered: 12/19/2022)
2022-12-20Set/Reset Deadlines: Status Report due by 1/3/2023 (tb) (Entered: 12/20/2022)
2023-01-0344RESPONSE TO ORDER TO SHOW CAUSE re Order, Joint Response to Order to Show Cause filed by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF STATE. (Tepe, Sean) (Entered: 01/03/2023)
2023-01-05Cases Consolidated. Cases 18-1546 and 20-1143 have been consolidated with case 17-2080, pursuant to an Order entered 01/05/2023. From this date forward, all pleadings shall be filed ONLY in the lead/earlier case, Civil Action No. 17-2080. The parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zjm) (Entered: 01/12/2023)
2023-01-13MINUTE ORDER: The court's 12/16/2022 Show Cause Minute Order is hereby VACATED and the parties' obligations pursuant thereto are hereby discharged. Signed by Judge Tanya S. Chutkan on 1/13/2023. (lcsr) (Entered: 01/13/2023)
2023-11-0245NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Sean Tepe (Carilli, Joseph) (Entered: 11/02/2023)
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