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Case TitlePowell v. US Department of State
DistrictNorthern District of Texas
CityDallas
Case Number3:2020cv01789
Date Filed2020-07-07
Date Closed2021-06-14
JudgeSenior Judge Sam R Cummings
PlaintiffKellen Powell
Case DescriptionKellen Powell submitted a FOIA request to the Department of State for records concerning visa approvals and denials by visa category and post from October 2018 to December 11, 2019. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Powell filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUS Department of State Executive Office, Office of Legal Adviser
Documents
Docket
Complaint
Opinion/Order [31]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-071New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (jmg) (Entered: 07/08/2020)
2020-07-072Notice and Instruction to Pro Se Party. (jmg) (Entered: 07/08/2020)
2020-07-073COMPLAINT for Declaratory and Injunctive Relief against US Department of State filed by Kellen Powell. (Filing fee $400.00; Receipt number DS125142) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (jmg) (Entered: 07/08/2020)
2020-07-074Request for Clerk to issue Summons filed by Kellen Powell. (jmg) (Entered: 07/08/2020)
2020-07-085Summons Issued as to US Department of State, U.S. Attorney, and U.S. Attorney General. (jmg) Modified text on 7/9/2020 (hml). (Entered: 07/08/2020)
2020-07-08***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2, 5 . Wed Jul 8 10:06:11 CDT 2020 (crt) (Entered: 07/08/2020)
2020-07-146Request for Clerk to issue Summons (Attachments: # 1 Additional Page(s), # 2 Additional Page(s)) (Powell, Kellen) Modified docket text on 7/15/2020 (cea). (Entered: 07/14/2020)
2020-07-157Summons Reissued as to US Department of State, U.S. Attorney, U.S. Attorney General. (axm) (Entered: 07/15/2020)
2020-07-228CERTIFICATE OF SERVICE by Kellen Powell (Attachments: # 1 Additional Page(s)) (Powell, Kellen) (Entered: 07/22/2020)
2020-08-199NOTICE of Attorney Appearance by Lisa Robin Hasday-DOJ on behalf of US Department of State. (Filer confirms contact info in ECF is current.) (Hasday-DOJ, Lisa) (Entered: 08/19/2020)
2020-08-1910MOTION to Dismiss filed by US Department of State with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 08/19/2020)
2020-08-1911Appendix in Support filed by US Department of State re 10 MOTION to Dismiss (Hasday-DOJ, Lisa) (Entered: 08/19/2020)
2020-08-1912CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by US Department of State. (Hasday-DOJ, Lisa) (Entered: 08/19/2020)
2020-08-2013ORDER SETTING BRIEFING SCHEDULE: Responses due by 9/21/2020. Replies due by 10/6/2020. re: 10 MOTION to Dismiss (Ordered by Magistrate Judge David L. Horan on 8/20/2020) (ndt) (Entered: 08/21/2020)
2020-08-2714AMENDED COMPLAINT against All Defendants filed by Kellen Powell. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Appendix for Amended Complaint) (Powell, Kellen) (Entered: 08/27/2020)
2020-08-2715CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT filed by Kellen Powell. (Powell, Kellen) Modified event on 8/28/2020 (mla). (Entered: 08/27/2020)
2020-08-2816SUMMONS Returned Executed as to All Defendants. (Powell, Kellen) (Entered: 08/28/2020)
2020-09-1017MOTION to Dismiss for Lack of Jurisdiction filed by US Department of State with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 09/10/2020)
2020-09-1018Appendix in Support filed by US Department of State re 17 MOTION to Dismiss for Lack of Jurisdiction (Hasday-DOJ, Lisa) (Entered: 09/10/2020)
2020-09-1119ORDER TERMINATING MOTION AS MOOT AND SETTING BRIEFING SCHEDULE: The Court TERMINATES AS MOOT the Department's initial motion to dismiss (Dkt. No. 10 ). Responses due by 10/13/2020. Replies due by 10/28/2020. (Ordered by Magistrate Judge David L. Horan on 9/11/2020) (jmg) (Entered: 09/11/2020)
2020-10-1220RESPONSE to 17 Motion to Dismiss and MOTION for Summary Judgment. (Powell, Kellen) Modified event on 10/13/2020 (mla). Modified event text on 11/3/2020 (jmg). (Entered: 10/12/2020)
2020-10-1321ORDER SETTING BRIEFING SCHEDULE re: 17 MOTION to Dismiss for Lack of Jurisdiction . Responses due by 11/12/2020. Replies due by 11/27/2020. (Ordered by Magistrate Judge David L. Horan on 10/13/2020) (oyh) (Entered: 10/13/2020)
2020-11-0222MOTION for Extension of Time to File Response/Reply to 20 Response filed by US Department of State with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s)) (Hasday-DOJ, Lisa) Modified text on 11/3/2020 (jmg). (Entered: 11/02/2020)
2020-11-0323ORDER GRANTING 22 MOTION TO EXTEND RESPONSE DEADLINE AND EXTENDING REPLY DEADLINE. Responses due by 12/14/2020. Replies due by 12/29/2020. (Ordered by Magistrate Judge David L. Horan on 11/3/2020) (jmg) (Entered: 11/03/2020)
2020-11-1224REPLY filed by US Department of State re: 17 MOTION to Dismiss for Lack of Jurisdiction (Hasday-DOJ, Lisa) (Entered: 11/12/2020)
2020-12-1425RESPONSE filed by US Department of State re: 20 Response to 17 Motion to Dismiss and MOTION for Summary Judgment (Hasday-DOJ, Lisa) (Entered: 12/14/2020)
2020-12-1426Brief/Memorandum in Support filed by US Department of State re 25 Response/Objection (Hasday-DOJ, Lisa) (Entered: 12/14/2020)
2020-12-1427Appendix in Support filed by US Department of State re 26 Brief/Memorandum in Support of Motion (Hasday-DOJ, Lisa) (Entered: 12/14/2020)
2020-12-2928REPLY filed by Kellen Powell re: 20 Response to 17 Motion to Dismiss and MOTION for Summary Judgment (Powell, Kellen) (Entered: 12/29/2020)
2021-05-2029FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Defendant U.S. Department of State's 17 motion to dismiss the first amended complaint under FRCvP 12(b)(1) and dismiss this case without prejudice. (Ordered by Magistrate Judge David L. Horan on 5/20/2021) (twd) (Entered: 05/20/2021)
2021-06-0330OBJECTION filed by Kellen Powell re: 29 Findings and Recommendations on Case re: 3 Complaint,, filed by Kellen Powell. (Powell, Kellen) (Entered: 06/03/2021)
2021-06-1431ORDER: After due consideration and having conducted a de novo review, the Court finds that Plaintiff's objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge's findings and conclusions and finds no error. It is ORDERED that the Findings, Conclusions, and Recommendation are ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the Court ORDERS that Defendant's 17 Motion to Dismiss be GRANTED pursuant to Federal Rule of Civil Procedure 12(b)( l) and Plaintiff's First Amended Complaint be DISMISSED without prejudice. (Ordered by Senior Judge Sam R Cummings on 6/14/2021) (twd) (Entered: 06/14/2021)
2021-06-1432JUDGMENT: IT IS ORDERED that the above-styled and -numbered civil action be DISMISSED without prejudice. (Ordered by Senior Judge Sam R Cummings on 6/14/2021) (twd) (Entered: 06/14/2021)
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