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Case TitleAna Muniz v. The United States Department of Homeland Security
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2020cv07153
Date Filed2020-08-10
Date Closed2021-07-29
JudgeJudge Dale S. Fischer
PlaintiffAna Muniz
Case DescriptionAna Muniz, an assistant professor of criminology at the University of California-Irvine, whose research specializes in immigrant gangs, submitted a FOIA request to U.S. Citizenship and Immigration Service for records concerning the number of individuals for whom U.S. Immigration and Customs Enforcement has received criminal history information from foreign partners under the Criminal History Sharing Program. Muniz's FOIA request was referred to ICE for response. ICE acknowledged receipt of the request. After hearing nothing further from the agency, Muniz filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantThe United States Department of Homeland Security
DefendantMediator (ADR Panel)
Perry Mocciaro
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-101COMPLAINT Receipt No: ACACDC-27557016 - Fee: $400, filed by plaintiff Ana Muniz. (Attorney Matthew D Strugar added to party Ana Muniz(pty:pla))(Strugar, Matthew) (Entered: 08/10/2020)
2020-08-102CIVIL COVER SHEET filed by Plaintiff Ana Muniz. (Strugar, Matthew) (Entered: 08/10/2020)
2020-08-103Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff Ana Muniz. (Strugar, Matthew) (Entered: 08/10/2020)
2020-08-104NOTICE of Interested Parties filed by plaintiff Ana Muniz, identifying n/a. (Strugar, Matthew) (Entered: 08/10/2020)
2020-08-115NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Karen L. Stevenson. (ghap) (Entered: 08/11/2020)
2020-08-116NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 08/11/2020)
2020-08-117[NOTICE OF CLERICAL ERROR ISSUED ON 8/12/2020, SEE DOCKET ENTRY NO. 9] 30 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant The United States Department of Homeland Security. (ghap) Modified on 8/12/2020 (ghap). (Entered: 08/11/2020)
2020-08-118STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi) (Entered: 08/11/2020)
2020-08-129NOTICE OF CLERICAL ERROR: Due to clerical error Re: Summons Request 3 . Document # 3 Due to clerical error. The docket clerk issued #3 the 30 Day Summons in error. The attorney did not put the defendant name. (ghap) (Entered: 08/12/2020)
2020-08-1210NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 3 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. Please put Central District of California. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) (Entered: 08/12/2020)
2020-08-1211Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff Ana Muniz. (Strugar, Matthew) (Entered: 08/12/2020)
2020-08-1212[NOTICE OF CLERICAL ERROR ISSUED ON 8/12/2020, SEE DOCKET ENTRY NO. 14] 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant The United States Department of Homeland Security. (ghap) Modified on 8/12/2020 (ghap). (Entered: 08/12/2020)
2020-08-121330 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant The United States Department of Homeland Security. (ghap) (Entered: 08/12/2020)
2020-08-1214NOTICE OF CLERICAL ERROR: Due to clerical error Re: Summons Issued (Attorney Civil Case Opening) 12 . Document # 12 Due to clerical error. The docket clerk docketed issued the 60 Day Summons in error. The correct day is 30 Day. (ghap) (Entered: 08/12/2020)
2020-08-1315Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff Ana Muniz. (Strugar, Matthew) (Entered: 08/13/2020)
2020-08-1316Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff Ana Muniz. (Strugar, Matthew) (Entered: 08/13/2020)
2020-08-131730 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to United States Attorney General. (et) (Entered: 08/13/2020)
2020-08-131830 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant The United States Department of Homeland Security for Civil Process Clerk US Attorney's Office. (et) (Entered: 08/13/2020)
2020-09-0219STIPULATION Extending Time to Answer the complaint as to The United States Department of Homeland Security answer now due 10/13/2020, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant The United States Department of Homeland Security.(Attorney Alarice M Medrano added to party The United States Department of Homeland Security(pty:dft))(Medrano, Alarice) (Entered: 09/02/2020)
2020-10-1320ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant The United States Department of Homeland Security.(Medrano, Alarice) (Entered: 10/13/2020)
2020-10-1421ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 11/16/2020 at 11:00 AM before Judge Dale S. Fischer. (rfi) (Entered: 10/14/2020)
2020-11-1222TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer: ORDER TO SHOW CAUSE RE SANCTIONS. This overburdened court and its staff do not have time to communicate repeatedly with counsel in an effort to have them follow this Court's rules and orders. Counsel have failed to comply with the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates in one or more respects. For example, counsel may have (1) failed to file a Joint 26(f) Report at all, (2) failed to provide all of the information required by the Order, (3) failed to attach a Schedule, or (4) failed to complete the Schedule properly. Counsel are ordered to show cause why each side should not be sanctioned in the amount of $500 for their failure to comply with the Order. Counsel whose signature appears on the Joint 26(f) Report must file a declaration stating who was (1) responsible for meeting with opposing counsel, (2) responsible for preparing and reviewing the Report and ensuring its accuracy and compliance with the Order, and (3) responsible for filing the Report. The declaration should state that person's name (only if the person is an attorney) and the person's position (partner, associate, paralegal, assistant, secretary, etc.). The declaration shall also state why the Report failed to comply with the Order. If no Report was filed, the declaration must state who was (1) responsible for calendaring the date for meeting with counsel and filing the Report, (2) responsible for responsible for meeting with opposing counsel, and (3) responsible for filing the Report. The same information as to name and position must be provided as well as an explanation as to why no Report was filed. In addition, the parties are ordered to review the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates carefully, and to provide a Report and a Schedule that provides specific dates for all of the relevant items in the Schedule. The dates must comply with the time frames in the "weeks before trial" column and the required days of the week: a Monday (not a holiday) for the pretrial conference and last day for hearing motions and a Tuesday (not a holiday) for trial. The declarations, Report, and Schedule are due within five Court days. The filing of compliant declarations, Report, and Schedule will be a sufficient response to this Order to Show Cause. The scheduling conference date is vacated. The parties are urged to conduct themselves in a professional manner and to make every effort to agree on dates. Further failures to comply with this court's rules and orders, including the rules and orders of the Central District, will result in sanctions against one or both parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY (Entered: 11/12/2020)
2020-11-1923JOINT REPORT Rule 26(f) Discovery Plan filed by Defendant The United States Department of Homeland Security.. (Medrano, Alarice) (Entered: 11/19/2020)
2020-11-1924DECLARATION of ALARICE M. MEDRANO re Text Only Scheduling Notice,,,,,,,,,,, 22 IN RESPONSE TO ORDER TO SHOW CAUSE filed by Defendant The United States Department of Homeland Security. (Medrano, Alarice) (Entered: 11/19/2020)
2020-11-1925DECLARATION of Matthew Strugar re Text Only Scheduling Notice,,,,,,,,,,, 22 in Response to OSC re Sanctions filed by Plaintiff Ana Muniz. (Strugar, Matthew) (Entered: 11/19/2020)
2020-11-2026TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. The parties' proposed summary judgment dates are approved. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY (Entered: 11/20/2020)
2020-11-2027Order re Court Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 8/30/2021 at 3:00 PM before Judge Dale S. Fischer. Bench Trial set for 9/28/2021 at 8:30 AM before Judge Dale S. Fischer. (rfi) (Entered: 11/20/2020)
2020-11-2028ORDER/REFERRAL to ADR Procedure No 2 by Judge Dale S. Fischer. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 7/6/21. (rfi) (Entered: 11/20/2020)
2020-12-1529NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Perry Mocciaro has been assigned to serve as Panel Mediator. (lst) (Entered: 12/15/2020)
2021-07-2930NOTICE of Settlement filed by Defendant The United States Department of Homeland Security. (Medrano, Alarice) (Entered: 07/29/2021)
2021-07-2931TEXT ONLY ENTRY (IN CHAMBERS): ORDER DISMISSING CASE DUE TO SETTLEMENT by Judge Dale S. Fischer. The Court has been advised that this action has been settled. Accordingly, it is ordered that the action is dismissed without prejudice. The Court retains jurisdiction for 60 days to vacate this Order and to reopen the action on a showing of good cause that the settlement has not been completed and further proceedings are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY (Entered: 07/29/2021)
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