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Case TitleHawkinson v. Executive Office for Immigration Review
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2020cv12273
Date Filed2020-12-23
Date ClosedOpen
JudgeMagistrate Judge M. Page Kelley
PlaintiffJohn A. Hawkinson jhawk@alum.MIT.EDU
Case DescriptionJohn Hawkinson, a freelance reporter, submitted a FOIA request to the Executive Office for Immigration Review for records concerning a recent decision by the Board of Immigration Appeals. EOIR acknowledged request and provided two decisions but not the decision Hawkinson had requested. Hawkinson filed an administrative appeal with the Office of Information Policy. OIP told Hawkinson that it was unable to get further information from EOIR. Hawkinson then filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Recovery of Costs

DefendantExecutive Office for Immigration Review
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-231COMPLAINT against All Defendants, filed by John A. Hawkinson. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Cover Letter, # 4 Proposed Summons)(Warnock, Douglas) (Entered: 12/23/2020)
2020-12-232MOTION for Leave to file electronically Pro Se by John A. Hawkinson.(Warnock, Douglas) (Entered: 12/23/2020)
2020-12-233ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 12/23/2020)
2020-12-234Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Warnock, Douglas) (Entered: 12/23/2020)
2020-12-235Filing fee/payment: $ 402.00, receipt number 1BST082875 for 1 Complaint (Barbosa, Nilsa) (Entered: 12/23/2020)
2020-12-236Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 2 Motion for leave to electronically file Pro Se. The court grants permission on the condition that the plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. The plaintiff is directed to complete the registration form accessible at https://forms.mad.uscourts.gov/ecfreg.html (McDonagh, Christina) (Entered: 12/23/2020)
2020-12-297SUMMONS Returned Executed as to US Attorney by John A. Hawkinson. Executive Office for Immigration Review served on 12/23/2020, answer due 1/27/2021. (Hawkinson, John) (Entered: 12/29/2020)
2020-12-298SUMMONS Returned Executed by John A. Hawkinson. (Attachments: # 1 Proof of service upon Attorney General of the United States)(Hawkinson, John) (Entered: 12/29/2020)
2020-12-299SUMMONS Returned Executed Executive Office for Immigration Review served on 1/28/2020, answer due 1/27/2021. (Hawkinson, John) (Entered: 12/29/2020)
2020-12-3010SUMMONS Returned Executed Executive Office for Immigration Review served on 12/28/2020, answer due 1/27/2021. (Attachments: # 1 Errata : Correction of date error in docket text of 9 )(Hawkinson, John) (Entered: 12/30/2020)
2021-01-1411NOTICE of Appearance by Michael P. Sady on behalf of Executive Office for Immigration Review (Sady, Michael) (Entered: 01/14/2021)
2021-01-2712ANSWER to 1 Complaint by Executive Office for Immigration Review.(Sady, Michael) (Entered: 01/27/2021)
2021-02-0813Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties are to submit a joint proposed schedule by 2/19/21 and indicate whether they object to the court setting a schedule on the written submission.(Folan, Karen) (Entered: 02/08/2021)
2021-02-1914Joint CERTIFICATION pursuant to Local Rule 16.1 by Executive Office for Immigration Review.(Sady, Michael) (Entered: 02/19/2021)
2021-02-1915Errata by Executive Office for Immigration Review, John A. Hawkinson to 14 Certification pursuant to Local Rule 16.1 -- A not-agreed-to early draft was filed inadvertently . (Hawkinson, John) (Entered: 02/19/2021)
2021-02-1916RESPONSE TO COURT ORDER by Executive Office for Immigration Review, John A. Hawkinson re 13 Order JOINT RESPONSE WITH PROPOSED SCHEDULE AND POSITIONS (correct version) . (Hawkinson, John) (Entered: 02/19/2021)
2021-02-2217Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties' joint proposed schedule, [ECF No. 16 ], is APPROVED . In addition, with the consent of the parties, this case will be referred to the assigned magistrate judge. (McDonagh, Christina) (Entered: 02/22/2021)
2021-02-2218Judge Allison D. Burroughs: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge M. Page Kelley. (McDonagh, Christina) (Entered: 02/22/2021)
2021-03-0419ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating that the parties have consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (MacDougall, Patricia) (Entered: 03/04/2021)
2021-03-0420CONSENT by all parties to Jurisdiction by US Magistrate Judge by Executive Office for Immigration Review, John A. Hawkinson.. (Hawkinson, John) (Entered: 03/04/2021)
2021-03-0521Case no longer referred to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 03/05/2021)
2021-03-0522ELECTRONIC NOTICE of Reassignment. Magistrate Judge M. Page Kelley added. Judge Allison D. Burroughs no longer assigned to case. (Finn, Mary) (Entered: 03/05/2021)
2021-03-1923MOTION for Summary Judgment by Executive Office for Immigration Review.(Sady, Michael) (Entered: 03/19/2021)
2021-03-1924MEMORANDUM in Support re 23 MOTION for Summary Judgment filed by Executive Office for Immigration Review. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Sady, Michael) (Entered: 03/19/2021)
2021-04-0925Opposition re 23 MOTION for Summary Judgment and CROSS MOTION for Summary Judgment filed by John A. Hawkinson. (Attachments: # 1 Exhibit 1: Declaration of John A. Hawkinson, # 2 Exhibit 1A: Reyes-Batista BIA decision of July 20, 2020, # 3 Exhibit 1B: BIA decisions produced by FOIA on Nov. 16, 2020, # 4 Exhibit 1C: Higher-quality repagination of O'Hara screenshots (Defendant's Exhibit C), # 5 Exhibit 2: Declaration of Matthew Hoppock, # 6 Exhibit 2A: Hoppock Ex. A, BIA eDecisions screenshot, # 7 Exhibit 2B: Hoppock Ex. B, BIA Electronic File Naming Conventions)(Hawkinson, John) (Entered: 04/09/2021)
2021-04-2326NOTICE by Executive Office for Immigration Review (Sady, Michael) (Entered: 04/23/2021)
2021-04-3027REPLY to Response to 23 MOTION for Summary Judgment filed by Executive Office for Immigration Review. (Attachments: # 1 Exhibit)(Sady, Michael) (Entered: 04/30/2021)
2021-04-3028Statement of Material Facts L.R. 56.1 re 23 MOTION for Summary Judgment Defendant's Response to Plaintiff's Local Rule 56.1 Counter-Statement of Material Facts filed by Executive Office for Immigration Review. (Sady, Michael) (Entered: 04/30/2021)
2021-04-3029Assented to MOTION for Leave to File Cross-Reply in support of Summary Judgment by John A. Hawkinson.(Hawkinson, John) (Entered: 04/30/2021)
2021-05-0330Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting 29 Plaintiff's Motion for Leave to File Cross-Reply. Cross-Reply shall be filed by May 14, 2021. (MPK, law1) (Entered: 05/03/2021)
2021-05-0331EXHIBIT re 27 Reply to Response to Motion Attachment to Exhibit 1 by Executive Office for Immigration Review. (Sady, Michael) (Entered: 05/03/2021)
2021-05-1432Cross REPLY to Response to 23 MOTION for Summary Judgment -- Plaintiff's cross-reply in support of his 25 cross-motion for summary judgment -- filed by John A. Hawkinson. (Hawkinson, John) (Entered: 05/14/2021)
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