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Case TitleDr Abbas Ali Etemadi v. Janet Napolitano et al
DistrictCentral District of California
CitySouthern Division - Santa Ana
Case Number8:2013cv00393
Date Filed2013-03-06
Date Closed2014-01-17
JudgeJudge Cormac J. Carney
PlaintiffDr Abbas Ali Etemadi
DefendantJanet Napolitano in her official capacity as Secretary of the Department of Homeland Security
DefendantJanet Napolitano in her official capacity as Secretary of the Department of Homeland Security
TERMINATED: 05/29/2013
DefendantDavid V Aguilar in his official capacity as Deputy Commissioner of U.S. Customs and Border Protection
DefendantDavid V Aguilar in his official capacity as Deputy Commissioner of U.S. Customs and Border Protection
TERMINATED: 05/29/2013
DefendantSherriff Sandra Hutchens in her official capacity as Orange County Sheriff
DefendantSherriff Sandra Hutchens in her official capacity as Orange County Sheriff
TERMINATED: 06/19/2013
DefendantRobert H Gustafson in his official capacity as Chief of Police of the City of Orange
DefendantRobert H Gustafson in his official capacity as Chief of Police of the City of Orange
TERMINATED: 06/19/2013
DefendantD Mercer in her official capacity as City of Orange police officer
DefendantD Mercer in her official capacity as City of Orange police officer
TERMINATED: 06/19/2013
DefendantDoes 1-10 inclusive
DefendantDepartment of Homeland Security
DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-03-061COMPLAINT against Defendants David V Aguilar, Does, Robert H Gustafson, Sandra Hutchens, D Mercer, Janet Napolitano. Case assigned to Judge Cormac J. Carney for all further proceedings. Discovery referred to Magistrate Judge Marc L Goldman. (Filing fee $350 Paid), filed by plaintiff Dr Abbas Ali Etemadi.(nca) (Entered: 03/08/2013)
2013-03-0660 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendants David V Aguilar, Sandra Hutchens, Janet Napolitano. (nca) (Entered: 03/08/2013)
2013-03-062CERTIFICATION and NOTICE of Interested Parties filed by Plaintiff Dr Abbas Ali Etemadi. (nca) (Entered: 03/08/2013)
2013-03-063NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(nca) (Entered: 03/08/2013)
2013-04-044STIPULATION Extending Time to Answer the complaint as to David V Aguilar answer now due 5/8/2013; Janet Napolitano answer now due 5/8/2013, re Complaint - (Discovery), 1 filed by Federal Defendants David V Aguilar; Janet Napolitano.(Kwon, Ruth) (Entered: 04/04/2013)
2013-04-195NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Dr Abbas Ali Etemadi, upon Defendant Sandra Hutchens acknowledgment sent by Plaintiff on 4/19/2013, answer due 5/10/2013. Acknowledgment of Service signed by Michael Delos Reyes, agent., PROOF OF SERVICE Executed by Plaintiff Dr Abbas Ali Etemadi, upon Defendant Sandra Hutchens served on 4/19/2013, answer due 5/10/2013. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Ruth M. Kwon. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Smaili, Jihad) (Entered: 04/19/2013)
2013-05-016STIPULATION Extending Time to Answer the complaint as to Sandra Hutchens answer now due 5/17/2013, re Complaint - (Discovery), 1 filed by Defendant Sandra Hutchens.(Walsh, Nicole) (Entered: 05/01/2013)
2013-05-087NOTICE OF MOTION AND MOTION to Dismiss Federal Defendants David V Aguilar, Janet Napolitano filed by Federal Defendants David V Aguilar, Janet Napolitano. Motion set for hearing on 7/8/2013 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Ruth M. Kwon, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Kwon, Ruth) (Entered: 05/08/2013)
2013-05-158Joint STIPULATION to Amend Complaint - (Discovery), 1 , STIPULATION for Extension of Time to File Answer to June 19, 2013 filed by Defendant Sandra Hutchens. (Attachments: # 1 Proposed Order)(Walsh, Nicole) (Entered: 05/15/2013)
2013-05-209ORDER by Judge Cormac J. Carney: SETTING TIME TO FILE AMENDED COMPLAINT AND FOR COUNTY AND CITY DEFENDANTS TO RESPOND TO AMENDED COMPLAINT: Granting Stipulation 8 : IT IS HEREBY ORDERED THAT: 1. Plaintiff shall file an amended complaint by May 29, 2013; 2. Defendant Sandra Hutchens, Robert H. Gustafson, and D. Mercer, shall answer, move or otherwise respond to Plaintiff's Amended Complaint, if necessary, by June 19, 2013. (rla) (Entered: 05/21/2013)
2013-05-2910FIRST AMENDED COMPLAINT against defendants Does 1-10, inclusive, Robert H Gustafson, Sandra Hutchens, D Mercer, Department of Homeland Security, U.S. Customs and Border Protection; Party David V Aguilar (in his official capacity as Deputy Commissioner of U.S. Customs and Border Protection) and Janet Napolitano (in her official capacity as Secretary of the Department of Homeland Security) terminated amending Complaint - (Discovery), 1 ; filed by plaintiff Dr Abbas Ali Etemadi. (rla) (Entered: 05/31/2013)
2013-05-291160 DAY Summons Issued re Amended Complaint 10 as to All Defendants. (rla) (Entered: 05/31/2013)
2013-06-1912NOTICE OF DISMISSAL filed by Plaintiff Dr Abbas Ali Etemadi pursuant to FRCP 41a(1) as to Sandra Hutchens. (Smaili, Jihad) (Entered: 06/19/2013)
2013-06-1913NOTICE OF DISMISSAL filed by Plaintiff Dr Abbas Ali Etemadi pursuant to FRCP 41a(1) as to Robert H Gustafson. (Smaili, Jihad) (Entered: 06/19/2013)
2013-06-1914NOTICE OF DISMISSAL filed by Plaintiff Dr Abbas Ali Etemadi pursuant to FRCP 41a(1) as to D Mercer. (Smaili, Jihad) (Entered: 06/19/2013)
2013-06-2815ANSWER to Amended Complaint,, 10 for Injunctive Relief filed by DEFENDANTS Department of Homeland Security, U.S. Customs and Border Protection.(Kwon, Ruth) (Entered: 06/28/2013)
2013-06-2816ANSWER to Amended Complaint,, 10 By Office of Intelligence and Analysis filed by DEFENDANT Department of Homeland Security.(Kwon, Ruth) (Entered: 06/28/2013)
2013-06-2817NOTICE OF MOTION AND MOTION to Dismiss Claim Against DHS Privacy filed by DEFENDANT Department of Homeland Security. Motion set for hearing on 9/9/2013 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Order)(Kwon, Ruth) (Entered: 06/28/2013)
2013-07-0118DECLARATION of James Holzer re MOTION to Dismiss Claim Against DHS Privacy 17 filed by Defendant Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kwon, Ruth) (Entered: 07/01/2013)
2013-07-0119Ex Parte Application to Seal Exhibit A of James Holzer Declaration (Docket No. 18-1) (Attachments: # 1 Proposed Order)(Kwon, Ruth) (Entered: 07/01/2013)
2013-07-0220EXHIBIT Filed filed by Defendant Department of Homeland Security. as to Declaration (non-motion) 18 . (Attachments: # 1 Exhibit A)(Kwon, Ruth) (Entered: 07/02/2013)
2013-07-0321ORDER Granting Defendant Department of Homeland Security's Ex Parte Application to File Under Seal by Judge Cormac J. Carney, re Miscellaneous Document 19 . (twdb) (Entered: 07/05/2013)
2013-07-1222NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (non-motion) 18 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ago) (Entered: 07/12/2013)
2013-07-1223NOTICE OF INTENT TO SCHEDULE THE CASE by Judge Cormac J. Carney: TO ALL COUNSEL OF RECORD, notice is hereby given that on September 25, 2013 the Court will issue a Scheduling Order pursuant to Federal Rule of Civil Procedure 16(b) establishing dates for the completion of discovery, the filing of motions, pretrial conference, and trial in the above entitled case. No scheduling conference will be held unless ordered by the Court. (see document for details) (mu) (Entered: 07/12/2013)
2013-08-1924MEMORANDUM in Opposition to MOTION to Dismiss Claim Against DHS Privacy 17 filed by Plaintiff Dr Abbas Ali Etemadi. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Smaili, Jihad) (Entered: 08/19/2013)
2013-08-2625REPLY IN SUPPORT OF MOTION to Dismiss Claim Against DHS Privacy 17 filed by Defendants Department of Homeland Security, U.S. Customs and Border Protection. (Kwon, Ruth) (Entered: 08/26/2013)
2013-08-2626MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: denying 17 Motion to Dismiss without prejudice and Order to Show Cause Why Answer to Amended Complaint Filed by The Department of Homeland Security, Office of Intelligence and Analysis Should Not Be Stricken. The Court further ORDERS DHS OIA to show cause why the DHS OIA Answer should not be stricken given that DHS OIA is not named as a defendant in the FAC. DHS OIA shall file an opposition to the Courts order to show cause by September 9, 2013. (twdb) (Entered: 08/26/2013)
2013-09-0927DECLARATION of RUTH KWON re Order on Motion to Dismiss,, 26 filed by Defendants Department of Homeland Security, U.S. Customs and Border Protection. (Kwon, Ruth) (Entered: 09/09/2013)
2013-09-1628RESPONSE filed by Plaintiff Dr Abbas Ali Etemadito Order on Motion to Dismiss,, 26 , Declaration (non-motion) 27 (Smaili, Jihad) (Entered: 09/16/2013)
2013-09-2329MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: ORDER STRIKING ANSWER TO AMENDED COMPLAINT FILED BY THE DEPARTMENT OF HOMELAND SECURITY, OFFICE OF INTELLIGENCE AND ANALYSIS AND GRANTING DEFENDANT DEPARTMENT OF HOMELAND SECURITYS REQUEST TO FILE RESPONSIVE PLEADING. (twdb) (Entered: 09/23/2013)
2013-09-2430JOINT REPORT Rule 26(f) Discovery Plan filed by Defendants Department of Homeland Security, U.S. Customs and Border Protection.. (Attachments: # 1 Exhibit A-E)(Kwon, Ruth) (Entered: 09/24/2013)
2013-09-2431SUPPLEMENT to Joint Report Rule 26(f) Discovery Plan 30 filed by Plaintiff Dr Abbas Ali Etemadi. (Smaili, Jihad) (Entered: 09/24/2013)
2013-09-3032NOTICE OF MOTION AND MOTION to Dismiss Case Amended Complaint filed by DEFENDANTS Department of Homeland Security, U.S. Customs and Border Protection. Motion set for hearing on 11/18/2013 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of James V.M.L. Holzer, # 2 Proposed Order)(Kwon, Ruth) (Entered: 09/30/2013)
2013-10-0833SCHEDULING ORDER by Judge Cormac J. Carney: Discovery cut-off 3/14/2014. Motions due by 5/16/2014. Last date to conduct settlement conference is 4/15/2014. Pretrial Conference set for 6/16/2014 at 3:00 PM before Judge Cormac J. Carney. Jury Trial set for 6/24/2014 at 9:00 AM before Judge Cormac J. Carney. (mu) (Entered: 10/08/2013)
2013-10-0834ORDER REGARDING SETTLEMENT PROCEDURES, PRE-TRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (see document for details) (mu) (Entered: 10/08/2013)
2013-10-2835MEMORANDUM in Opposition to MOTION to Dismiss Case Amended Complaint 32 filed by Plaintiff Dr Abbas Ali Etemadi. (Smaili, Jihad) (Entered: 10/28/2013)
2013-11-0436REPLY IN SUPPORT OF MOTION to Dismiss Case Amended Complaint 32 filed by Defendants Department of Homeland Security, U.S. Customs and Border Protection. (Kwon, Ruth) (Entered: 11/04/2013)
2013-11-0537MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: granting 32 Motion to Dismiss Case Amended Complaint [filed 9/30/13]. (twdb) (Entered: 11/06/2013)
2013-11-1238AMENDED DOCUMENT filed by Plaintiff Dr Abbas Ali Etemadi. Amendment to Summons Issued 11 (Smaili, Jihad) (Entered: 11/12/2013)
2013-11-1539NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Document (Non-Motion) 38 . The following error(s) was found: Incorrect event selected. The correct event is: Other Complaint Filings -- Amended Complaint. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (nbo) (Entered: 11/15/2013)
2013-11-2640NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint; Memorandum of Points and Authorities; Declaration of James Holzer; Declaration of Ruth Kwon filed by DEFENDANT Department of Homeland Security. Motion set for hearing on 1/27/2014 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of James Holzer, # 2 Declaration of Ruth M. Kwon, # 3 Proposed Order)(Kwon, Ruth) (Entered: 11/26/2013)
2013-12-3141DECLARATION of RUTH M. KWON re MOTION to Dismiss Case Second Amended Complaint; Memorandum of Points and Authorities; Declaration of James Holzer; Declaration of Ruth Kwon 40 filed by Defendant Department of Homeland Security. (Kwon, Ruth) (Entered: 12/31/2013)
2014-01-0642MEMORANDUM in Opposition to MOTION to Dismiss Case Second Amended Complaint; Memorandum of Points and Authorities; Declaration of James Holzer; Declaration of Ruth Kwon 40 filed by Plaintiff Dr Abbas Ali Etemadi. (Smaili, Jihad) (Entered: 01/06/2014)
2014-01-1343REPLY in Support of MOTION to Dismiss Case Second Amended Complaint; Memorandum of Points and Authorities; Declaration of James Holzer; Declaration of Ruth Kwon 40 filed by Defendant Department of Homeland Security. (Kwon, Ruth) (Entered: 01/13/2014)
2014-01-1744STIPULATION to Dismiss Case filed by DEFENDANTS Department of Homeland Security, U.S. Customs and Border Protection.(Kwon, Ruth) (Entered: 01/17/2014)
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by FOIA Project Staff
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