Case Detail

FOIA Project Annotation: A federal magistrate judge in California has ruled that U.S. Citizenship and Immigration Services continues to show a pattern and practice of failing to respond to FOIA requests within 20 days and that immigration attorney James Mayock may pursue both his pattern and practice claim as well as his assertion that the agency is violating a 1992 settlement agreement concluding Mayock's earlier litigation against Immigration and Naturalization Services for its failure to respond within the FOIA's statutory time limits. Mayock brought the case on behalf of Mirsad Hajro, a permanent legal resident whose application for naturalization had been turned down based on allegedly false testimony about his foreign military service. In order to meet the deadline for appealing the denial of his naturalization application, Hajro requested expedited processing for his alien registration file, citing the 1992 settlement agreement, which provides for expedited processing when failure to do so would jeopardize life or personal safety, or impair "substantial due process rights of the requester" and the information sought is not otherwise available. Notwithstanding the terms of the 1992 settlement agreement, the agency rejected Hajro's expedited processing request and placed his request in Track 2 for complex requests. The agency located 442 responsive pages and disclosed 356 pages in their entirety and eight pages in part. After Hajro appealed, the agency released an additional 12 pages. Besides challenging the agency's response to Hajro's request, Mayock also contended the agency was violating the 1992 settlement agreement and exhibited a pattern and practice of routinely failing to respond to requests within the statutory 20-day time limit. To support his allegations, he submitted affidavits from 26 other immigration attorneys who had encountered similar delays in FOIA processing. The agency responded that the 1992 settlement agreement was no longer in effect because it had been supplanted by the addition of request processing requirements in the 1996 EFOIA amendments. The agency attacked Mayock's standing to bring a claim, arguing that only the requester could pursue an action. To support its case, the agency cited Gilmore v. Dept of Energy, 33 F. Supp. 2d 1184 (N.D. Cal. 1998), for the proposition that a requester could only bring a pattern and practice claim to challenge delays in his own requests, but not those of third parties. Magistrate Judge Paul Grewal pointed out that Gilmore did not support the agency's case because "Mayock is no mere third party to his clients; he represents them as the most intimate of agents. The delay in FOIA response time prejudices Mayock's ability to effectively represent the interests of his client, just as it prejudices the client's ability to access potentially critical information for the immigration case." Grewal added that the court in Mayock v. Nelson, which resulted in the 1992 settlement agreement, had recognized Mayock's standing and his "assertions in the instant action effectively place him in the same position as he stood before the Ninth Circuit in 1992." Grewal observed that "the fact that Mayock continues to work as an immigration attorney who sometimes needs to request copies of his client's alien registration file pursuant to FOIA is as sufficient now as it was over twenty years ago when he first filed suit against INS to seek enforcement of FOIA's timing requirements. . .Mayock thus has standing to assert his pattern or practice claims under FOIA against USCIS." Noting that Hajro's request was processed within 10 days once it was received at the agency's National Records Center, the agency argued that a single incident did not show a pattern and practice of delay. Grewal noted that "defendants' arguments confuse whether the evidence supports a finding of a pattern or practice of FOIA violations with the basis for injunctive relief." He pointed out that "a reasonable jury could only conclude that Plaintiffs have met their burden as to a pattern or practice of timing violations. [The agency ignores its] own admission that the three-month delay between the San Francisco district office's receipt of Hajro's request in November 2007 and the central processing office's receipt of documents in February 2008 'exceeded the time statutorily allowed for processing [Hajro's] FOIA request.' . .Additionally, Mayock has testified that in the FOIA requests he has made on behalf of his clients, USCIS has never responded within the twenty-day limit or with an explanation requiring more time." He added that "even if delay alone is insufficient to indicate an absence of good faith, the repeated occurrence of the delays and lack of any indication by Defendants of efforts to cease such violations in the future weighs in favor of a permanent injunction." Crewal found the agency had failed so far to support its Exemption 5 (deliberative process privilege) claims. He noted that "the court does not doubt that at least a fair portion of the handwritten notes may contain just the type of 'agency give-and-take of the deliberative process by which the agency decision itself is made,' and which necessitates some protection from disclosure. The problem is that USCIS has failed to substantiate this legitimate concern with any detailed affidavit. . .Without at least some effort on the part of USCIS to justify wholesale withholding of the notes, the court has no basis to find the documents meet the strict criteria of Section 552(b)(5)." He added that "given Plaintiff's sole and limited interest in the fact of whether and when a certain question was asked of Hajro, and what, if any, his response, the court finds it reasonable to require USCIS to isolate the factual information requested and disclose it." Crucial to the agency's case was its claim that the EFOIA amendments had superseded the 1992 settlement agreement. The EFOIA amendments codified the right to request expedited processing and instructed agencies to grant expedited processing if the requester showed a "compelling need" or "in other cases determined by the agency." The EFOIA amendments also instructed agencies to promulgate regulations to implement two or more tracks for processing FOIA requests based on complexity and time needed to respond. In 2007, USCIS added "Track 3" processing, providing expedited processing for persons facing removal proceedings. The 1992 settlement agreement provided for expedited processing when the requester showed an "exceptional need or urgency" in cases involving threat to life or safety or loss of substantial due process rights. Rejecting the agency's claim, Crewal explained that "there is no direct conflict here between the EFOIA amendments and the Settlement Agreement. Additionally, Congress authorized agencies to set additional criteria for expedited FOIA processing, making clear that 'compelling need' does not need to be the sole basis. Finally, the DHS implementing regulations provided for retaining separate guidance to the extent a component agency had already put such guidance into place. These indications, taken as a whole and without any evidence to the contrary, demonstrate that the Settlement Agreement was not supplanted by EFOIA and Plaintiffs may seek to enforce the agreement."
Issues: Delay

FOIA Project Annotation: A federal magistrate in California has awarded Mirsad Hajro and James Mayock attorney's fees of $320,000 in their suit challenging U.S. Citizenship and Immigration Services' continued inability to respond to FOIA requests within the statutory deadline. Mayock, an immigration attorney, also sought to enforce a settlement agreement with the agency stemming from his 1992 lawsuit against the INS. The court relied on the 2010 Ninth Circuit ruling in Prison Legal News v. Schwarzenegger, 608 F.3d 446 (9th Cir. 2010), in which the appeals court concluded that attorney's fees could be awarded to parties for monitoring compliance with a settlement agreement obtained in an earlier action in which they substantially prevailed. Here, the magistrate judge pointed out, "although Prison Legal News dealt with 42 U.S.C. § 1983, not FOIA, the reasoning applies here with equal force. Mayock prevailed in the earlier litigation with INS by obtaining a Settlement Agreement. This case was brought to ensure Defendants' compliance with the Settlement Agreement. Mayock, like the plaintiff in Prison Legal News, was monitoring Defendants' compliance, and therefore is permitted to recover attorneys' fees under FOIA's provisions. That Mayock brought a successful action to force compliance�"unlike the plaintiff in Prison Legal News who neither brought an action nor obtained further enforcement�"is merely additional evidence that Mayock is eligible for attorneys' fees." But the magistrate rejected the plaintiffs' claim that they could recover for violation of due process rights as well. The court indicated that "the legislative history, to be sure, supports a policy of authorizing attorneys' fees awards when violations of FOIA occur, most notably when agencies improperly withhold documents or act in an 'obdurate' manner. But nothing in this history suggests the intrusion of parallel rights, like due process, resulting from the same set of actions that violate FOIA�"namely, withholding or delaying the production of documents�"sustains recovery under Section 552(a)(4)(E)." As to Hajro's entitlement to fees, the magistrate judge noted that "defendants failed to comply with its obligations under both FOIA and the Settlement Agreement to ensure FOIA requesters with rights at risk were given high-priority status. Hajro was just one victim of that pattern or practice." The magistrate judge added that "Hajro was forced to initiate this action to obtain from Defendants an admission that evidence upon which his naturalization application was denied was not within its records. Defendants may seek to claim that this is the result of bureaucratic inefficiency, but the evidence suggests its actions teeter on the edge of obduracy."
Issues: Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2008-03-10	1	COMPLAINT against United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey; Summons issued ( Filing fee $ 350, receipt number 34611016767). Filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibit A through C, # 2 Exhibit D through O)(dhm, COURT STAFF) (Filed on 3/10/2008) (Entered: 03/13/2008)
2008-03-10	2	Summons Issued as to United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. (dhm, COURT STAFF) (Filed on 3/10/2008) (Entered: 03/13/2008)
2008-03-10	3	ADR SCHEDULING ORDER: Case Management Statement due by 7/11/2008. Case Management Conference set for 7/18/2008 10:30 AM. (Attachments: # 1 Standing Order)(dhm, COURT STAFF) (Filed on 3/10/2008) (Entered: 03/13/2008)
2008-03-10		CASE DESIGNATED for Electronic Filing. (dhm, COURT STAFF) (Filed on 3/10/2008) (Entered: 03/13/2008)
2008-03-13	4	MOTION to Relate Case (Copy) Plaintiff's Notice of Related Cases filed by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 3/13/2008) (Entered: 03/13/2008)
2008-03-14	5	CERTIFICATE OF SERVICE by Mirsad Hajro, James R. Mayock Plaintiffs' Declaration Of Proof Of Service (Steinberg, Kip) (Filed on 3/14/2008) (Entered: 03/14/2008)
2008-03-21	6	ORDER Denying 4 Motion to Relate Case with C-06-07827 JW. No reassignments shall occur. Signed by Judge James Ware on 3/21/2008. (ecg, COURT STAFF) (Filed on 3/21/2008) (Entered: 03/21/2008)
2008-03-21	7	RELATED CASE ORDER. The Court finds there is NO RELATION between C-06-07827 JW and C-08-01350 RMW. No case assignments shall occur re 4 MOTION to Relate Case (Copy) Plaintiff's Notice of Related Cases filed by James R. Mayock, Mirsad Hajro. Signed by Judge James Ware on 3/21/2008. (ecg, COURT STAFF) (Filed on 3/21/2008) (Entered: 03/21/2008)
2008-03-24	8	SUMMONS Returned Executed by Mirsad Hajro, James R. Mayock. United States Citizenship and Immigration Services served on 3/19/2008, answer due 5/19/2008; T. Diane Cejka served on 3/19/2008, answer due 5/19/2008; Rosemary Melville served on 3/19/2008, answer due 5/19/2008; Michael Chertoff served on 3/19/2008, answer due 5/19/2008; Michael B. Mukasey served on 3/19/2008, answer due 5/19/2008. (Attachments: # 1 Summons & Attachments)(Steinberg, Kip) (Filed on 3/24/2008) (Entered: 03/24/2008)
2008-04-17	9	STIPULATION to Extend Time within Which the Defendants Must File an Answer by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. (Deiss, Ila) (Filed on 4/17/2008) (Entered: 04/17/2008)
2008-04-25	10	STIPULATION AND ORDER to extend time within which the defendants must file an answer re 9 Stipulation filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey. Signed by Judge Ronald M. Whyte on 4/25/08. (cm, COURT STAFF) (Filed on 4/25/2008) (Entered: 04/25/2008)
2008-06-10	11	AMENDED COMPLAINT First Amended Complaint against all defendants. Filed byMirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibits A - B, # 2 Exhibits C - L, # 3 Exhibit M, # 4 Exhibits N-T)(Steinberg, Kip) (Filed on 6/10/2008) (Entered: 06/10/2008)
2008-06-23	12	Defendants' ANSWER to Amended Complaint byUnited States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 6/23/2008) (Entered: 06/23/2008)
2008-06-27	13	STIPULATION to Extend Dates and [Proposed] Order by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. (Deiss, Ila) (Filed on 6/27/2008) (Entered: 06/27/2008)
2008-07-03	14	ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 7/3/2008) (Entered: 07/03/2008)
2008-07-14	15	MOTION to Compel Production of a Vaughn Index filed by Mirsad Hajro, James R. Mayock. Motion Hearing set for 8/15/2008 10:30 AM in Courtroom 6, 4th Floor, San Jose. (Steinberg, Kip) (Filed on 7/14/2008) (Entered: 07/14/2008)
2008-07-16	16	STIPULATION AND ORDER 13 to Extend Dates. Case Management Conference set for 8/15/2008 10:30 AM. Signed by Judge Ronald M. Whyte on 7/16/08. (jg, COURT STAFF) (Filed on 7/16/2008) (Entered: 07/16/2008)
2008-07-18	17	Notice of Withdrawl of 15 Plaintiffs' Motion to Compel Production of a Vaughn Index filed by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 7/18/2008) Modified on 7/21/2008 (dhm, COURT STAFF). (Entered: 07/18/2008)
2008-07-25	18	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Deiss, Ila) (Filed on 7/25/2008) (Entered: 07/25/2008)
2008-07-25	19	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Deiss, Ila) (Filed on 7/25/2008) (Entered: 07/25/2008)
2008-07-30	20	ADR Clerks Notice Setting ADR Phone Conference on 8/13/08 at 9:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 7/30/2008) (Entered: 07/30/2008)
2008-08-08	21	JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. (Deiss, Ila) (Filed on 8/8/2008) (Entered: 08/08/2008)
2008-08-11		ADR Remark: The ADR Phone Conference has been rescheduled to 2:00 p.m. on August 13, 2008. (tjs, COURT STAFF) (Filed on 8/11/2008) (Entered: 08/11/2008)
2008-08-13		ADR Remark: ADR Phone Conference held by DB on 8/13/08. A further ADR Phone Conference has been scheduled for 9/21/08. (tjs, COURT STAFF) (Filed on 8/13/2008) (Entered: 08/15/2008)
2008-08-14	22	STIPULATION to Continue Case Management Conference and [Proposed] Order by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. (Deiss, Ila) (Filed on 8/14/2008) (Entered: 08/14/2008)
2008-08-20	23	STIPULATION AND ORDER 22 to Continue Case Management Conference: Case Management Conference set for 9/5/2008 10:30 AM. Signed by Judge Ronald M. Whyte on 8/20/08. (jg, COURT STAFF) (Filed on 8/20/2008) (Entered: 08/20/2008)
2008-09-04	24	CONSENT to Proceed Before a US Magistrate Judge by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey (Parties') .. (Deiss, Ila) (Filed on 9/4/2008) (Entered: 09/04/2008)
2008-09-11	25	ORDER REASSIGNING CASE to Magistrate Judge Trumbull. Signed by Judge Ronald M. Whyte on 9/11/08. (jg, COURT STAFF) (Filed on 9/11/2008) (Entered: 09/11/2008)
2008-09-11		Pursuant to Order of Reassignment ( 25 ). Case reassigned to Magistrate Judge Patricia V. Trumbull for all further proceedings. Judge Ronald M. Whyte no longer assigned to the case. (tsh, COURT STAFF) (Filed on 9/11/2008) (Entered: 09/11/2008)
2008-09-12	26	CLERK'S NOTICE Scheduling Case Management Conference set for 10/14/2008 02:00 PM. Case Management Statement due by 10/7/2008. (cm, COURT STAFF) (Filed on 9/12/2008) (Entered: 09/12/2008)
2008-10-07	27	Second Joint CASE MANAGEMENT STATEMENT; and (Proposed) Order filed by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. (Deiss, Ila) (Filed on 10/7/2008) Text modified on 10/8/2008 (bw, COURT STAFF). (Entered: 10/07/2008)
2008-10-14	28	Minute Entry: Initial Case Management Conference held on 10/14/2008 before Patricia V. Trumbull (Date Filed: 10/14/2008) Bench Trial set for 6/15/2009 09:30 AM. Pretrial Conference set for 6/2/2009 02:00 PM. (Court Reporter FTR.)(cm, COURT STAFF) (Date Filed: 10/14/2008) (Entered: 10/14/2008)
2008-10-17	29	CASE MANAGEMENT CONFERENCE ORDER. Signed by Judge Patricia V. Trumbull on 10/17/08. (pvtlc1) (Filed on 10/17/2008) (Entered: 10/17/2008)
2008-10-21	30	ADR Clerk's Notice Setting Further ADR Phone Conference on 10/29/2008 at 10:00 a.m. ADR Unit will initiate the call. (cmf, COURT STAFF) (Filed on 10/21/2008) (Entered: 10/21/2008)
2008-10-29		ADR Remark: ADR Phone Conference held by GDB on 10/29/2008. (cmf, COURT STAFF) (Filed on 10/29/2008) (Entered: 10/30/2008)
2008-11-13	31	ADR Clerk's Notice Appointing Robert F. Epstein as Mediator. (cmf, COURT STAFF) (Filed on 11/13/2008) (Entered: 11/13/2008)
2008-12-10		Set/Reset Hearings: Mediation session set for 1/21/2009 at 01:30 PM at the Federal Building located at 450 Golden Gate Avenue, 16th Floor, San Francisco, CA. Please come to ADR Reception on the 16th Floor to be directed to the exact location of the session. (cmf, COURT STAFF) (Filed on 12/10/2008) (Entered: 12/10/2008)
2009-01-05	32	MOTION to Dismiss in Part filed by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. Motion Hearing set for 2/10/2009 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Deiss, Ila) (Filed on 1/5/2009) (Entered: 01/05/2009)
2009-01-05	33	(Proposed) Order Granting MOTION to Dismiss in Part re 32 by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. (Deiss, Ila) (Filed on 1/5/2009) Text modified on 1/6/2009 (bw, COURT STAFF). (Entered: 01/05/2009)
2009-01-16	34	Second Stipulation to Extend Dates; and [Proposed] Order by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. (Deiss, Ila) (Filed on 1/16/2009) Text modified on 1/22/2009 conforming with caption of posted document (bw, COURT STAFF). (Entered: 01/16/2009)
2009-01-19	35	Opposition To Motion To Dismiss for Lack of Jurisdication re ([32 filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibits A-F) (Steinberg, Kip) (Filed on 1/19/2009) Text modified on 1/22/2009 conforming to posted document caption, linkage added (bw, COURT STAFF). (Entered: 01/19/2009)
2009-01-20	36	ORDER GRANTING TELEPHONIC APPEARANCE AT MEDIATION.(wdblc3, COURT STAFF) (Filed on 1/20/2009) (Entered: 01/20/2009)
2009-01-22	37	SECOND STIPULATION TO EXTEND DATES; AND ORDER re 34 Stipulation, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey. Signed by Judge Patricia V. Trumbull on January 22, 2009. (pvtlc2, COURT STAFF) (Filed on 1/22/2009) (Entered: 01/22/2009)
2009-01-23	38	STIPULATION TO VACATE DATES; and [PROPOSED] ORDER by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. (Deiss, Ila) (Filed on 1/23/2009) (Entered: 01/23/2009)
2009-01-23	39	STIPULATION AND ORDER TO VACATE DATES re 38 Stipulation filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey. Signed by Judge Patricia V. Trumbull on January 23, 2009. (pvtlc2, COURT STAFF) (Filed on 1/23/2009) (Entered: 01/23/2009)
2009-03-10	40	CERTIFICATION OF MEDIATION Session by Mediator, Robert F. Epstein; Mediation session held 1/21/2009; Case partially settled; Mediation process is complete. (cmf, COURT STAFF) (Filed on 3/10/2009) (Entered: 03/10/2009)
2009-03-23	41	STIPULATION TO EXTEND DATES; AND [PROPOSED] ORDER by United States Citizenship and Immigration Services, T. Diane Cejka, Rosemary Melville, Michael Chertoff, Michael B. Mukasey. (Deiss, Ila) (Filed on 3/23/2009) (Entered: 03/23/2009)
2009-03-25	42	STIPULATION to Extend Dates; and ORDER re 41 . Signed by Judge Patricia V. Trumbull on 3/24/09. (pvtlc1) (Filed on 3/25/2009) (Entered: 03/25/2009)
2009-03-26		ADR Remark: Mediation process continues with court-appointed Mediator, Robert F. Epstein. (cmf, COURT STAFF) (Filed on 3/26/2009) (Entered: 03/26/2009)
2009-05-22	43	Fifth (5th) Stipulation to extend dates; and (Proposed) Order by United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 5/22/2009) Modified on 5/22/2009 (bw, COURT STAFF). (Entered: 05/22/2009)
2009-05-26	44	STIPULATION AND ORDER re 43 to Extend Dates. Pretrial Conference 8/4/09. Trial 8/17/09. Signed by Judge Patricia V. Trumbull on 5/22/09. (pvtlc1) (Filed on 5/26/2009) (Entered: 05/26/2009)
2009-07-23	45	SIXTH STIPULATION TO EXTEND DATES; and [PROPOSED] ORDER by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 7/23/2009) Modified on 7/23/2009 (bw, COURT STAFF). (Entered: 07/23/2009)
2009-08-03	46	STIPULATION AND ORDER re 45 to Extend Dates, as modified by the court. Signed by Judge Patricia V. Trumbull on 8/3/09. (pvtlc1) (Filed on 8/3/2009) (Entered: 08/03/2009)
2009-08-11	47	MOTION for Summary Judgment ; and Memorandum of Points and Authorities; and Declarations of Jill A. Eggleston, Ronald Nelson and Ila C. Deiss filed by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. Motion Hearing set for 10/13/2009 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Attachments: # 1 Declaration of Ila C. Deiss, # 2 Declaration of Jill A. Eggleston, # 3 Declaration of Ronald Nelson, # 4 (Proposed) Order)(Deiss, Ila) (Filed on 8/11/2009) Modified on 8/11/2009 (bw, COURT STAFF). (Entered: 08/11/2009)
2009-09-09	48	Seventh Stipulation To Extend Date; (Proposed) Order by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 9/9/2009) Modified on 9/9/2009 (bw, COURT STAFF). (Entered: 09/09/2009)
2009-09-11	49	STIPULATION AND ORDER re 48 to Extend Date. Signed by Judge Patricia V. Trumbull on 9/11/09. (pvtlc1) (Filed on 9/11/2009) (Entered: 09/11/2009)
2009-10-05	50	MOTION for Summary Judgment and Opposition To Defendants' Motion For Summary Judgment filed by Mirsad Hajro, James R. Mayock. Motion Hearing set for 10/27/2009 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Steinberg, Kip) (Filed on 10/5/2009) Modified on 10/5/2009 (bw, COURT STAFF). (Entered: 10/05/2009)
2009-10-05	51	Memorandum of Points and Authorities filed by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 10/5/2009) Text modified on 10/5/2009 incorrect event type used when posting document (bw, COURT STAFF). (Entered: 10/05/2009)
2009-10-05	52	EXHIBITS in support of Plaintiffs' Motion for Summary Judgment filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Attachments 1-7 in Support of Motion for Summary Judgment Part One (pages 1-29)) (Steinberg, Kip) (Filed on 10/5/2009) Modified on 10/5/2009 (bw, COURT STAFF). (Entered: 10/05/2009)
2009-10-05	53	EXHIBITS in support of Plaintiffs' Motion for Summary Judgment filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Attachment 7 in Support of Plaintiff's Motion for Summary Judgment Part Two (pages 30-63)) (Steinberg, Kip) (Filed on 10/5/2009) Modified on 10/5/2009 (bw, COURT STAFF). (Entered: 10/05/2009)
2009-10-05	54	EXHIBITS in support of Plaintiffs' Motion for Summary Judgment filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Attachment 7 Part Three in Support of Plaintiff's Motion for Summary Judgment (pages 64-92)) (Steinberg, Kip) (Filed on 10/5/2009) Modified on 10/5/2009 (bw, COURT STAFF). (Entered: 10/05/2009)
2009-10-05	55	EXHIBITS in support of Plaintiffs' Motion for Summary Judgment filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Attachment 7 in Support of Plaintiff's Motion for Summary Judgment Part Four (pages 93-122))(Steinberg, Kip) (Filed on 10/5/2009) Modified on 10/5/2009 (bw, COURT STAFF). (Entered: 10/05/2009)
2009-10-05	56	EXHIBITS in support of Plaintiffs Motion for Summary Judgment filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Attachments 7-9 in Support of Plaintiff's Motion for Summary Judgment Part Five (pages 123-156)) (Steinberg, Kip) (Filed on 10/5/2009) Modified on 10/5/2009 (bw, COURT STAFF). (Entered: 10/05/2009)
2009-10-05	57	(Proposed) Order on Cross Motions for Summary Judgment by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 10/5/2009) Modified on 10/5/2009 (bw, COURT STAFF). (Entered: 10/05/2009)
2009-10-13	58	Reply to Plaintiffs' Opposition and Opposition to Plaintiffs' Cross-Motion for Summary Judgment re 50 filed by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 10/13/2009) Text modified on 10/14/2009 (bw, COURT STAFF). (Entered: 10/13/2009)
2009-10-13	59	STIPULATION for Order Shortening Time; (Proposed) Order by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 10/13/2009) Modified on 10/14/2009 (bw, COURT STAFF). (Entered: 10/13/2009)
2009-10-21	60	STIPULATION AND ORDER re 59 Shortening Time. Signed by Judge Patricia V. Trumbull on 10/19/09. (pvtlc1) (Filed on 10/21/2009) (Entered: 10/21/2009)
2009-10-27	61	NOTICE of Appearance by Ila Casy Deiss (Deiss, Ila) (Filed on 10/27/2009) (Entered: 10/27/2009)
2009-10-27	62	Minute Entry: Motion Hearing held on 10/27/2009 before Magistrate Patricia V. Trumbull; Matter Submitted. (Date Filed: 10/27/2009) re 50 MOTION for Summary Judgment Notice of Motion and Opposition To Defendants' Motion For Summary Judgment filed by James R. Mayock, Mirsad Hajro.(Court Reporter Lee-Anne Shortridge.)(cm, COURT STAFF) (Date Filed: 10/27/2009) (Entered: 10/27/2009)
2009-11-03	63	NOTICE of Withdrawal of Motion re ( 32 ) and ( 33 ) by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services (Deiss, Ila) (Filed on 11/3/2009) Text modified, linkage added on 11/3/2009 (bw, COURT STAFF). (Entered: 11/03/2009)
2010-05-12	64	Joint Notice by Mirsad Hajro, James R. Mayock (Steinberg, Kip) (Filed on 5/12/2010) Modified on 5/13/2010 (bw, COURT STAFF). (Entered: 05/12/2010)
2010-10-05	65	Joint Notice Regarding Submitted Matter by Mirsad Hajro, James R. Mayock (Steinberg, Kip) (Filed on 10/5/2010) Modified on 10/6/2010 (bw, COURT STAFF). (Entered: 10/05/2010)
2010-11-15	66	MOTION for Leave to File Statement of Recent Decision and (Proposed) Order filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibit A) (Steinberg, Kip) (Filed on 11/15/2010) Modified on 11/16/2010 (bw, COURT STAFF). (Entered: 11/15/2010)
2010-11-30	67	ORDER by Judge Patricia V. Trumbull Granting 66 Plaintiffs' Motion for Leave to File Statement of Recent Decision; and ORDER Soliciting Supplemental Briefing in Light of Recent Decision. (pvtlc1) (Filed on 11/30/2010) (Entered: 11/30/2010)
2010-12-06	68	ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Paul Singh Grewal for all further proceedings. Judge Magistrate Judge Patricia V. Trumbull no longer assigned to the case.Signed by The Executive Committee on 12/06/2010. (tsh, COURT STAFF) (Filed on 12/6/2010) (Entered: 12/06/2010)
2010-12-14	69	Supplemental Brief filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibits 1-3) (Steinberg, Kip) (Filed on 12/14/2010) Modified on 12/15/2010 (bw, COURT STAFF). (Entered: 12/14/2010)
2011-03-08	70	Second MOTION for Leave to File Statement Of Recent Decisions; and (Proposed) Order filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Steinberg, Kip) (Filed on 3/8/2011) Modified on 3/8/2011 (bw, COURT STAFF). (Entered: 03/08/2011)
2011-03-23	71	ORDER by Judge Paul S. Grewal granting 70 Motion for Leave to File (psglc2, COURT STAFF) (Filed on 3/23/2011) (Entered: 03/23/2011)
2011-04-11	72	Second Joint Notice Regarding Submitted Matter by Mirsad Hajro, James R. Mayock (Steinberg, Kip) (Filed on 4/11/2011) Modified on 4/12/2011 (bw, COURT STAFF). (Entered: 04/11/2011)
2011-04-12	73	ORDER Soliciting Briefing in Light of Recent Decisions re 71 . Signed by Judge Paul S. Grewal on April 13, 2011. (psglc2, COURT STAFF) (Filed on 4/12/2011) (Entered: 04/13/2011)
2011-04-27	74	Response to Court's April 12, 2011 Request for Supplemental Briefing re 73 Order T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 4/27/2011) Modified on 4/27/2011 (bw, COURT STAFF). (Entered: 04/27/2011)
2011-05-02	75	Second Supplemental Brief filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibit "A")(Steinberg, Kip) (Filed on 5/2/2011) Modified on 5/2/2011 (bw, COURT STAFF). (Entered: 05/02/2011)
2011-10-12	76	ORDER by Judge Paul S. Grewal granting in part and denying in part 47 Motion for Summary Judgment; granting in part and denying in part 50 Motion for Summary Judgment (psglc2, COURT STAFF) (Filed on 10/12/2011) (Entered: 10/12/2011)
2011-10-13	77	AMENDED ORDER re 76 Order on Motion for Summary Judgment granting in part and denying in part 47 Motion for Summary Judgment; granting in part and denying in part 50 Motion for Summary Judgment. Signed by Judge Paul S. Grewal on 10/13/2011. (psglc2, COURT STAFF) (Filed on 10/13/2011) (Entered: 10/13/2011)
2011-12-12	78	NOTICE OF APPEAL as to 77 Order, by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Fee Waived) Appeal Record due by 1/11/2012. (bw, COURT STAFF) (Filed on 12/12/2011) (Entered: 12/13/2011)
2011-12-14	79	USCA Scheduling Order as to 78 Notice of Appeal. The schedule is set as follows: Mediation Questionnaire due on 12/20/2011. Transcript ordered by 01/11/2012. Transcript due 02/10/2012. Appellants T. Diane Cejka, Michael Chertoff, Eric H. Holder Jr., Attorney General, Rosemary Melville, United States Citizenship and Immigration Services opening brief due 03/21/2012. Appellees Mirsad Hajro, James R. Mayock answering brief due 04/20/2012. Appellant's optional reply brief is due 14 days after service of the answering brief. Appeal filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey. (bw, COURT STAFF) (Filed on 12/14/2011) (Entered: 12/14/2011)
2011-12-14		USCA Case Number USCA 11-17948 for 78 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey. (bw, COURT STAFF) (Filed on 12/14/2011) (Entered: 12/14/2011)
2011-12-19	80	Proposed Form Of Injunction by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Steinberg, Kip) (Filed on 12/19/2011) Modified on 12/20/2011 (bw, COURT STAFF). (Entered: 12/19/2011)
2011-12-19	81	Proposed Injunction by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Attachment One, # 2 Attachment Two)(Steinberg, Kip) (Filed on 12/19/2011) Modified on 12/20/2011 (bw, COURT STAFF). (Entered: 12/19/2011)
2011-12-20	82	Objections to Plaintiffs' Proposed Injunction; and Defendants' Proposed Injunction re 80 by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A) (Deiss, Ila) (Filed on 12/20/2011) Modified on 12/21/2011 (bw, COURT STAFF). (Entered: 12/20/2011)
2012-02-13	83	Joint Notice by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services re 77 Order, (Attachments: # 1 Exhibit A)(Deiss, Ila) (Filed on 2/13/2012) Modified on 2/14/2012 (bw, COURT STAFF). (Entered: 02/13/2012)
2012-02-13	84	CLERKS NOTICE SETTING TELEPHONIC STATUS CONFERENCE: Telephonic Status Conference set for 2/16/2012 at 10:00 AM before Magistrate Judge Paul Singh Grewal. Parties are instructed to contact CourtCall at 866-582-6878 to arrange for a telephonic appearance. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 2/13/2012) (Entered: 02/13/2012)
2012-02-16	85	Minute Entry: Status Conference held. (Date Filed: 2/16/2012). (Court Reporter: Lee-Anne Shortridge.) (ofr, COURT STAFF) (Date Filed: 2/16/2012) (Entered: 02/16/2012)
2012-05-02	86	Joint Notice Pursuant to Civil Local Rule 7-13 by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services (Deiss, Ila) (Filed on 5/2/2012) Modified on 5/2/2012 (bw, COURT STAFF). (Entered: 05/02/2012)
2012-05-07	87	ORDER OF PERMANENT INJUNCTION re 77 Order. Signed by Judge Paul S. Grewal on May 4, 2012. (psglc1, COURT STAFF) (Filed on 5/7/2012) (Entered: 05/07/2012)
2012-05-07	88	ORDER ENTERING JUDGMENT. Signed by Judge Paul S. Grewal on May 4, 2012. (psglc1, COURT STAFF) (Filed on 5/7/2012) (Entered: 05/07/2012)
2012-05-14	89	Joint Stipulation To Extend Time for Filing Motion For Attorney's Fees and (Proposed) Order filed by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 5/14/2012) Text modified on 5/15/2012 (bw, COURT STAFF). (Entered: 05/14/2012)
2012-05-15	90	JOINT STIPULATION TO EXTEND TIME FOR FILING MOTION FOR ATTORNEY'S FEES AND ORDER by Judge Paul S. Grewal, granting 89 Motion for Extension of Time to File (ofr, COURT STAFF) (Filed on 5/15/2012) (Entered: 05/15/2012)
2012-05-17	91	BILL OF COSTS by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibit)(Steinberg, Kip) (Filed on 5/17/2012) (Entered: 05/17/2012)
2012-05-22	92	OBJECTIONS to Bill of Costs re 91 by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 5/22/2012) Modified on 5/23/2012 (bw, COURT STAFF). (Entered: 05/22/2012)
2012-06-05	93	MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act 5 U.S.C. § 552(A)(4(E); and Alternatively, Under the Equal Access to Justice Act 28 U.S.C. § 2412(D), and Notice of Motion filed by Mirsad Hajro, James R. Mayock. Motion Hearing set for 7/24/2012 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 6/19/2012. Replies due by 6/26/2012. (Steinberg, Kip) (Filed on 6/5/2012) Text modified on 6/6/2012 (bwS, COURT STAFF). (Entered: 06/05/2012)
2012-06-05	94	Points and Authorities in support of Plaintiffs' Motion for Attorney's Fees and Costs Pursuant to the Freedom of Information Act, and Alternatively, under the Equal Access to Justice Act filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibits A-E, # 2 Exhibit F (Part One), # 3 Exhibit F (Part Two), # 4 Exhibits G-J, # 5 Exhibit K (Part One), # 6 Exhibit K (Part Two))(Steinberg, Kip) (Filed on 6/5/2012) Text modified on 6/6/2012 (bwS, COURT STAFF). (Entered: 06/05/2012)
2012-06-05	95	(Proposed) Order on Plaintiffs' Motion for Attorney's Fees and Costs by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 6/5/2012) Text modified on 6/6/2012 (bwS, COURT STAFF). (Entered: 06/05/2012)
2012-06-06	96	Costs Taxed in amount of $ 350.00 against USCIS, et al, Defendants. (srm, COURT STAFF) (Filed on 6/6/2012) (Entered: 06/06/2012)
2012-06-09	97	Notice Of Withdrawal Of Plaintiff's alternative Motion for Attorney's Fees and Costs Under The Equal Access to Justice Act and (Proposed) Order (Steinberg, Kip) (Filed on 6/9/2012) Text modified on 6/11/2012 (bwS, COURT STAFF). (Entered: 06/09/2012)
2012-06-13	98	NOTICE OF WITHDRAWAL OF PLAINTIFFS' ALTERNATIVE MOTION FOR ATTORNEY'S FEES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT 28 U.S.C § 2412(d) AND ORDER, granting 97 Notice (Other) filed by James R. Mayock, Mirsad Hajro. Signed by Judge Paul S. Grewal on 6/13/2012. (ofr, COURT STAFF) (Filed on 6/13/2012) (Entered: 06/14/2012)
2012-06-15	99	Objections to Plaintiff's Motion for Attorney's Fees and Costts re 93 by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 6/15/2012) Modified on 6/18/2012 (bwS, COURT STAFF). (Entered: 06/15/2012)
2012-06-21	100	Reply to Defendants' Objections to Plaintiff's Motion for Attorney Fees and Costs re 93 filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibits 1-3) (Steinberg, Kip) (Filed on 6/21/2012) Modified on 6/21/2012 (bwS, COURT STAFF). (Entered: 06/21/2012)
2012-07-12	101	CLERK'S NOTICE Continuing Motion Hearing, Set/Reset Deadlines as to 93 MOTION for Attorney Fees: 7/24/2012 Motion Hearing reset to 8/7/2012 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 7/12/2012) (Entered: 07/12/2012)
2012-08-03	102	NOTICE of Appearance by Ila Casy Deiss (Deiss, Ila) (Filed on 8/3/2012) (Entered: 08/03/2012)
2012-08-07	103	Minute Entry: Motion Hearing held on 8/7/2012 before Magistrate Judge Paul S. Grewal (Date Filed: 8/7/2012) re 93 MOTION for Attorney Fees by Plaintiffs filed by James R. Mayock, Mirsad Hajro. The Court takes matter under submission; written order after hearing to be issued. (Court Reporter: Summer Fisher.) (ofr, COURT STAFF) (Date Filed: 8/7/2012) (Entered: 08/07/2012)
2012-08-30	104	ORDER REQUESTING FURTHER BRIEFING RE: ATTORNEY'S FEES. Signed by Judge Paul S. Grewal on 8/30/2012. (ofr, COURT STAFF) (Filed on 8/30/2012) (Entered: 08/30/2012)
2012-09-10	105	OBJECTIONS to Defendants' Supplemental Objection to Plaintiffs' 93 Motion for Attorneys' Fees and Costs by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 9/10/2012) Modified on 9/11/2012 (gm, COURT STAFF). (Entered: 09/10/2012)
2012-09-13	106	REPLY (re 93 MOTION for Attorney Fees by Plaintiffs ) Plaintiffs' Response To Defendants' Supplemental Objection To Plaintiffs' Motion For Attorney's Fees And Costs and Exhibits One to Six filed byMirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibit)(Steinberg, Kip) (Filed on 9/13/2012) (Entered: 09/13/2012)
2012-10-15	107	ORDER GRANTING-IN-PART PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS by Judge Paul S. Grewal granting in part and denying in part 93 Motion for Attorney Fees (psglc2, COURT STAFF) (Filed on 10/15/2012) (Entered: 10/15/2012)
2012-12-14	108	NOTICE OF APPEAL to the 9th CCA T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. Appeal of Order on Motion for Attorney Fees 107 (Appeal fee FEE WAIVED.) (gm, COURT STAFF) (Filed on 12/14/2012) (Entered: 12/17/2012)
2012-12-14	109	RECEIVED: Civil Appeals Docketing Statement forwarded to 9th Circuit US Court of Appeals by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services re 108 Notice of Appeal, (gm, COURT STAFF) (Filed on 12/14/2012) (Entered: 12/17/2012)
2012-12-17	110	USCA Case Number 12-17765 USCA for the Ninth Circuit for 108 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey. (gm, COURT STAFF) (Filed on 12/17/2012) (Entered: 12/17/2012)
2013-01-14	111	Transcript Designation and Ordering Form (Deiss, Ila) (Filed on 1/14/2013) (Entered: 01/14/2013)
2013-01-16	112	Certificate of Record forwarded to USCA re appeal 108 Notice of Appeal, : (gmS, ) (Filed on 1/16/2013) (Entered: 01/16/2013)
2014-01-06	113	ORDER of USCA as to 108 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey, 78 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey (cv, COURT STAFF) (Filed on 1/6/2014) (Entered: 01/06/2014)
2014-09-12	114	ORDER of USCA as to 108 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey, 78 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey (cv, COURT STAFF) (Filed on 9/12/2014) (Entered: 09/16/2014)
2015-10-23	115	OPINION of USCA - REVERSED AND REMANDED. FILED AND ENTERED JUDGMENT. as to 108 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey, 78 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey (cv, COURT STAFF) (Filed on 10/23/2015) (Entered: 10/23/2015)
2016-01-19	116	ORDER and AMENDED OPINION of USCA DISMISSED in part, REVERSED and REMANDED as to 108 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey, 78 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey (cv, COURT STAFF) (Filed on 1/19/2016) (Entered: 01/19/2016)
2016-01-20	117	CLERK'S Letter Spreading Mandate to Counsel (cv, COURT STAFF) (Filed on 1/20/2016) (Entered: 01/20/2016)
2016-01-22	118	ORDER AND AMENDED OPINION of USCA as to 108 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey, 78 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey (cv, COURT STAFF) (Filed on 1/22/2016) (Entered: 01/22/2016)
2016-01-27	119	CLERK'S NOTICE SETTING STATUS CONFERENCE: Status Conference set for 2/16/2016 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 1/27/2016) (Entered: 01/27/2016)
2016-01-27	120	STIPULATION WITH PROPOSED ORDER re 119 Clerk's Notice, filed by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 1/27/2016) (Entered: 01/27/2016)
2016-01-27	121	ORDER GRANTING STIPULATION TO CONTINUE STATUS CONFERENCE UNTIL MARCH 1, 2016 by Magistrate Judge Paul Singh Grewal granting 120 (psglc2S, COURT STAFF) (Filed on 1/27/2016) (Entered: 01/27/2016)
2016-01-27		***Resetting Hearing: 2/16/2016 Status Conference is reset to 3/1/2016 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Pursuant to ECF No. 121 . (ofr, COURT STAFF) (Filed on 1/27/2016) (Entered: 01/28/2016)
2016-02-03	122	MANDATE of USCA as to 108 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey, 78 Notice of Appeal, filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey (cv, COURT STAFF) (Filed on 2/3/2016) (Entered: 02/03/2016)
2016-02-08	123	CLERK'S NOTICE RESETTING MARCH 1, 2016 STATUS CONFERENCE: Due to the court's unavailability, 3/1/2016 Status Conference is reset to 3/8/2016 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 2/8/2016) (Entered: 02/08/2016)
2016-02-25	124	STIPULATION WITH PROPOSED ORDER filed by James R. Mayock. (Steinberg, Kip) (Filed on 2/25/2016) (Entered: 02/25/2016)
2016-02-26	125	ORDER GRANTING STIPULATION TO CONTINUE STATUS CONFERENCE UNTIL APRIL 26, 2016 by Magistrate Judge Paul Singh Grewal granting 124 (psglc2, COURT STAFF) (Filed on 2/26/2016) (Entered: 02/26/2016)
2016-02-26		***Resetting Hearing: 3/8/2016 Status Conference is reset to 4/26/2016 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Pursuant to ECF No. 125 . (ofr, COURT STAFF) (Filed on 2/26/2016) (Entered: 02/26/2016)
2016-04-26	126	Minute Entry for proceedings held before Magistrate Judge Paul Singh Grewal: Status Conference held on 4/26/2016. Plaintiff seeks to file motion for leave to file amended complaint and motion for class certification. Defendant seeks to file motion for summary judgment of remaining claims on remand. Counsel to submit stipulated briefing schedule for the court's review. FTR Time: 10:01 to 10:08. Plaintiff Attorney present: Kip Steinberg. Defendant Attorney present: Ila Deiss. This is a text only Minute Entry. (ofr, COURT STAFF) (Date Filed: 4/26/2016) (Entered: 04/26/2016)
2016-04-27	127	STIPULATION WITH PROPOSED ORDER Stipulated Briefing Schedule; and [Proposed] Order filed by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 4/27/2016) (Entered: 04/27/2016)
2016-04-28	128	ORDER GRANTING STIPULATED BRIEFING SCHEDULE AND SETTING HEARING DATE by Magistrate Judge Paul Singh Grewal granting 127 (psglc2, COURT STAFF) (Filed on 4/28/2016) (Entered: 04/28/2016)
2016-04-28		***Setting Hearing: Defendants' Motion for Summary Judgment, Plaintiffs' Motion for Leave to Amend Complaint and Plaintiffs' Motion for Class Certification set for 8/2/2016 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Pursuant to ECF No. 128 . (ofr, COURT STAFF) (Filed on 4/28/2016) (Entered: 04/28/2016)
2016-05-13	129	CLERK'S NOTICE VACATING AUGUST 2, 2016 MOTION FOR SUMMARY JUDGMENT, MOTION FOR LEAVE TO AMEND COMPLAINT AND MOTION FOR CLASS CERTIFICATION (In Re: ECF No. 128): In light of the pending resignation of Magistrate Judge Paul S. Grewal, all hearing dates presently set before Magistrate Judge Paul S. Grewal are hereby vacated and should be re-noticed for hearing before the judge to whom this case is reassigned. Parties will be informed by separate notice of the judge to whom this case is reassigned. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 5/13/2016) (Entered: 05/13/2016)
2016-05-20	130	MOTION for Summary Judgment on Remanded Claim; Points and Authorities; Declaration of Jill Eggleston filed by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. Motion Hearing set for 8/2/2016 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 6/10/2016. Replies due by 6/17/2016. (Attachments: # 1 Declaration of Jill A. Eggleston, # 2 Proposed Order)(Deiss, Ila) (Filed on 5/20/2016) (Entered: 05/20/2016)
2016-05-20	131	CLERK'S NOTICE VACATING AUGUST 2, 2016 MOTION FOR SUMMARY JUDGMENT ON REMANDED CLAIM (In Re: ECF No. 130 ): In light of the pending resignation of Magistrate Judge Paul S. Grewal, all hearing dates presently set before Magistrate Judge Paul S. Grewal are hereby vacated and should be re-noticed for hearing before the judge to whom this case is reassigned. Parties will be informed by separate notice of the judge to whom this case is reassigned. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 5/20/2016) (Entered: 05/20/2016)
2016-06-05	132	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-10503005.) filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibit Certificate of Good Standing)(Pauw, Robert) (Filed on 6/5/2016) (Entered: 06/05/2016)
2016-06-06	133	ORDER REASSIGNING CASE. Case reassigned to Judge Magistrate Judge Nathanael M. Cousins for all further proceedings. Magistrate Judge Paul Singh Grewal no longer assigned to the case. Signed by The Executive Committee on 06/06/2016. (tsh, COURT STAFF) (Filed on 6/6/2016) (Entered: 06/07/2016)
2016-06-08	134	Order granting 132 Motion for Pro Hac Vice entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/08/2016)
2016-06-08	135	CLERK'S NOTICE SETTING MOTION HEARING. Defendants' Motion for Summary Judgment on Remanded Claim 130 remains set for 8/2/2016 10:00 AM before Judge Cousins in Courtroom 7, 4th Floor, San Jose with briefing schedule to remain unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/8/2016). (Entered: 06/08/2016)
2016-06-10	136	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-10519076.) filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibit Certificate of Good Standing)(Gibbs, Robert) (Filed on 6/10/2016) (Entered: 06/10/2016)
2016-06-10	137	ORDER GRANTING APPLICATION for Admission of Attorney Robert Gibbs Pro Hac Vice 136 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/10/2016) (Entered: 06/10/2016)
2016-06-10	138	RESPONSE (re 130 MOTION for Summary Judgment on Remanded Claim; Points and Authorities; Declaration of Jill Eggleston ) filed byMirsad Hajro, James R. Mayock. (Pauw, Robert) (Filed on 6/10/2016) (Entered: 06/10/2016)
2016-06-10	139	MOTION for Leave to File Amended Complaint filed by Mirsad Hajro, James R. Mayock. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Proposed Order)(Pauw, Robert) (Filed on 6/10/2016) (Entered: 06/10/2016)
2016-06-13	140	CLERK'S NOTICE SETTING Case Management Conference for 6/16/2016 01:30 PM before Judge Cousins in Courtroom D, 15th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/13/2016) (Entered: 06/13/2016)
2016-06-13	141	STIPULATION WITH PROPOSED ORDER re 140 Clerk's Notice, Case Management Conference filed by Mirsad Hajro, James R. Mayock. (Pauw, Robert) (Filed on 6/13/2016) (Entered: 06/13/2016)
2016-06-13	142	ORDER GRANTING STIPULATION RE TELEPHONIC APPEARANCE 141 . Plaintiff's counsel must contact the Courtroom Deputy at 408.535.5343 to provide a direct dial number for this appearance. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/13/2016) (Entered: 06/13/2016)
2016-06-16	143	Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 6/16/2016: Motion for Summary Judgment remains set for 8/2/2016 01:00 PM; Court will defer ruling on class certification until after summary judgment. Plaintiffs' Attorney: Robert Pauw. Defendants' Attorney: Ila Deiss. Court Reporter Katherine Sullivan. (Total Time: 7 min) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 6/16/2016) (Entered: 06/20/2016)
2016-06-22	144	REPLY (re 130 MOTION for Summary Judgment on Remanded Claim; Points and Authorities; Declaration of Jill Eggleston ) Defendants' Reply to Plaintiffs' Opposition of Motion for Summary Judgment on Remanded Claim filed byT. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 6/22/2016) (Entered: 06/22/2016)
2016-07-01	145	RESPONSE (re 139 MOTION for Leave to File Amended Complaint ) Defendants' Opposition to Motion for Leave to Amend Complaint filed byT. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Deiss, Ila) (Filed on 7/1/2016) (Entered: 07/01/2016)
2016-07-05	146	NOTICE of Substitution of Counsel by James A. Scharf (Scharf, James) (Filed on 7/5/2016) (Entered: 07/05/2016)
2016-07-05	147	STIPULATION WITH PROPOSED ORDER STIPULATION AND [PROPOSED] ORDER TO CONTINUE AUGUST 2, 2016 HEARING TO AUGUST 10, 2016 filed by United States Citizenship and Immigration Services. (Scharf, James) (Filed on 7/5/2016) (Entered: 07/05/2016)
2016-07-05	148	ORDER GRANTING STIPULATION TO CONTINUE HEARING RE Motion for Summary Judgment on Remanded Claim 130 and Motion for Leave to File Amended Complaint 139 . Motion Hearing reset for 8/10/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 7/5/2016. (lmh, COURT STAFF) (Filed on 7/5/2016) (Entered: 07/05/2016)
2016-07-15	149	REPLY (re 139 MOTION for Leave to File Amended Complaint ) filed byMirsad Hajro, James R. Mayock. (Attachments: # 1 Appendix Exhibit)(Pauw, Robert) (Filed on 7/15/2016) (Entered: 07/15/2016)
2016-08-10	150	Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Hearing re Motion for Summary Judgment 130 and Motion for Leave to File Amended Complaint 139 held on 8/10/2016: Court takes motions under submission. Plaintiffs' Attorney: Kip Steinberg. Defendants' Attorneys: James Scharf, Lora Nicole Allan (Certified Law Clerk). (FTR Time 1:32pm-2:02pm.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 8/10/2016) (Entered: 08/10/2016)
2016-09-08	151	ORDER FOR ADDITIONAL BRIEFING. Signed by Judge Nathanael Cousins on 9/8/2016. (lmh, COURT STAFF) (Filed on 9/8/2016) (Entered: 09/08/2016)
2016-09-12	152	STIPULATION WITH PROPOSED ORDER To Extend Dates To File Supplemental Briefs filed by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 9/12/2016) (Entered: 09/12/2016)
2016-09-13	153	ORDER GRANTING STIPULATION To Extend Dates To File Supplemental Briefs 152 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/13/2016) (Entered: 09/13/2016)
2016-10-21	154	Supplemental Brief re 139 MOTION for Leave to File Amended Complaint filed byMirsad Hajro, James R. Mayock. (Related document(s) 139 ) (Pauw, Robert) (Filed on 10/21/2016) (Entered: 10/21/2016)
2016-10-31	155	Supplemental Brief Re: Lierboe & Related Cases filed byT. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Scharf, James) (Filed on 10/31/2016) (Entered: 10/31/2016)
2017-01-03	156	NOTICE Regarding New FOIA Regulations by Mirsad Hajro, James R. Mayock (Pauw, Robert) (Filed on 1/3/2017) Modified on 1/4/2017 (srnS, COURT STAFF). (Entered: 01/03/2017)
2017-01-03	157	CLERK'S NOTICE: Defendants may respond to Dkt. No. 156 by 1/6/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 1/3/2017) (Entered: 01/03/2017)
2017-01-05	158	Response re 156 Notice (Other), 157 Clerk's Notice - Defendant's Response to Plaintiff's Notice Regarding New FOIA Regulations byUnited States Citizenship and Immigration Services. (Scharf, James) (Filed on 1/5/2017) (Entered: 01/05/2017)
2017-03-02	159	ORDER GRANTING 130 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; DENYING 139 MAYOCK'S MOTION TO AMEND THE COMPLAINT. Signed by Judge Nathanael Cousins on 3/2/2017. (ofr, COURT STAFF) (Filed on 3/2/2017) (Entered: 03/02/2017)
2017-03-02		***Setting hearing: Telephonic Case Management Conference set for 3/15/2017 02:00 PM in Courtroom 7, 4th Floor, San Jose. Pursuant to ECF No. 159 . (ofr, COURT STAFF) (Filed on 3/2/2017) (Entered: 03/02/2017)
2017-03-13	160	JOINT CASE MANAGEMENT STATEMENT filed by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 3/13/2017) (Entered: 03/13/2017)
2017-03-15	161	Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 3/15/2017: Parties to meet and confer and file an agreed upon proposed judgment (or each party's proposal) by 3/24/2017; Further Case Management Conference set for 6/7/2017 02:30 PM. Plaintiffs' Attorney: Kip Steinberg. Defendants' Attorney: James Scharf. (FTR Time 2:04pm - 2:16pm.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 3/15/2017) (Entered: 03/15/2017)
2017-03-23	162	PROPOSED AMENDED JUDGMENT WITH PROPOSED ORDER re 88 Judgment filed by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Scharf, James) (Filed on 3/23/2017) Modified on 3/24/2017 (srnS, COURT STAFF). (Entered: 03/23/2017)
2017-03-23	163	AMENDED JUDGMENT. ***Civil Case Terminated. Signed by Judge Nathanael Cousins on 3/23/2017. (lmh, COURT STAFF) (Filed on 3/23/2017) (Entered: 03/23/2017)
2017-05-12	164	NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Mirsad Hajro, James R. Mayock. (Appeal fee of $505 receipt number 0971-11390488 paid.) (Gibbs, Robert) (Filed on 5/12/2017) (Entered: 05/12/2017)
2017-05-12	165	RECEIVED: Civil Appeals Docketing Statement forwarded to 9th Circuit US Court of Appeals by Mirsad Hajro, James R. Mayock re 164 Notice of Appeal (Attachments: # 1 Exhibit representation statement)(Gibbs, Robert) (Filed on 5/12/2017) (Entered: 05/12/2017)
2017-05-30	166	CLERK'S NOTICE RESETTING Further Case Management Conference to 4:30 PM on 6/7/2017. Counsel may appear telephonically and must contact the Courtroom Deputy to provide a direct dial number. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/30/2017) (Entered: 05/30/2017)
2017-05-30	167	JOINT CASE MANAGEMENT STATEMENT filed by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Scharf, James) (Filed on 5/30/2017) (Entered: 05/30/2017)
2017-05-31	168	ORDER GRANTING REQUEST TO CONTINUE 167 . Updated Case Management Statement due by 7/26/2017. Further Case Management Conference set for 8/2/2017 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 5/31/2017. (lmh, COURT STAFF) (Filed on 5/31/2017) (Entered: 05/31/2017)
2017-07-21	169	CASE MANAGEMENT STATEMENT filed by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services. (Scharf, James) (Filed on 7/21/2017) (Entered: 07/21/2017)
2017-07-21	170	CLERK'S NOTICE VACATING the Further Case Management Conference set for 8/2/2017. Parties to notify the Court when the 9th Circuit mediation process is completed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 7/21/2017) (Entered: 07/21/2017)
2018-10-25	171	ORDER of USCA. The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and the record and that oral argument would not significantly aid the decisional process. Therefore, this matter is ordered submitted on the briefs and the record without oral argument on November 14, 2018 in San Francisco, California. Fed. R. App. P. 34(a)(2). (sfbS, COURT STAFF) (Filed on 10/25/2018) (Entered: 10/25/2018)
2018-11-23	172	USCA Memorandum as to 164 Notice of Appeal filed by James R. Mayock, Mirsad Hajro. AFFIRMED. FILED AND ENTERED JUDGMENT (sfbS, COURT STAFF) (Filed on 11/23/2018) (Entered: 11/27/2018)
2019-01-15	173	MANDATE of USCA as to 164 Notice of Appeal filed by James R. Mayock, Mirsad Hajro (sfbS, COURT STAFF) (Filed on 1/15/2019) (Entered: 01/16/2019)
2019-03-29	174	NOTICE by T. Diane Cejka, Michael Chertoff, Rosemary Melville, Michael B. Mukasey, United States Citizenship and Immigration Services (Notice of Settlement) (Scharf, James) (Filed on 3/29/2019) (Entered: 03/29/2019)
2019-06-24	175	STIPULATION Stipulation of Dismissal filed by Mirsad Hajro, James R. Mayock. (Steinberg, Kip) (Filed on 6/24/2019) (Entered: 06/24/2019)
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