Case Detail

FOIA Project Annotation: A federal court in Louisiana has ruled that neither the Executive Office for Immigration Review at the Justice Department nor Immigration and Customs Enforcement have shown that they conducted an adequate search for records related to a complaint filed with the Louisiana Attorney Disciplinary Board by EOIR Disciplinary Counsel Jennifer Barnes. The court noted that the ICE declaration "does not explain the nature of the search conducted, including whether both electronic and paper files were searched, or who conducted the searches. Nor does it address whether other ICE offices likely (even if not 'most likely') have responsive records. For instance, the documents produced to Plaintiff suggest the involvement of ICE personnel working in both New Orleans and Washington, D.C. It is not evident to the Court whether ICE offices in both cities were considered as likely repositories of responsive documents." As to the EOIR search, the court pointed out that "although the Court recognizes that government agencies certainly are not required to search every record system, a reasonable search should account for components that 'likely' have responsive documents, but fall short of 'most likely' status." Immigration attorney Michael Gahagan claimed EOIR had improperly referred a document to ICE for direct response. But the court observed that it found no error "in EOIR's determination that ICE should have an opportunity to review and assert any exemptions believed appropriate prior to the document's disclosure. In other words, any entitlement Plaintiff may have to an unredacted version of the document should and shall be premised on a determination of the applicability of claimed exemptions, not the particular government agency file in which the document was found."
Issues: Litigation - Vaughn index, Adequacy - Search

FOIA Project Annotation: A federal court in Louisiana has once again ruled that immigration attorney Michael Gahagan is not entitled to attorney's fees as a pro se attorney, although he is entitled to costs. After Judge Martin Feldman of the Eastern District of Louisiana recently ruled that Cazalas v. Dept of Justice, 709 F.2d 1051 (5th Cir. 1983) is no longer valid because it was implicitly overruled by the Supreme Court in Kay v. Ehrler, 499 U.S. 438 (1991), another judge in the district has found that Gahagan is not entitled to attorney's fees for litigation he brought against the Department of Justice for records of a disciplinary complaint made against him by a DOJ attorney. Finding that Feldman's decision was dispositive, Judge Kurt Engelhardt nevertheless noted that Gahagan was entitled to $506 in costs because his litigation caused the agency to disclose the records. He pointed out that "although Plaintiff certainly had a personal and commercial interest in obtaining the requested information, the public's interests in the administration of justice and the availability of experienced immigration lawyers likewise were served by Plaintiff's pursuit of judicial relief relative to his FOIA request and by the Court's resulting directives. Plaintiff's information requests and this litigation also have provided important information to the public regarding the pertinent department's record-keeping systems and clarified necessary search parameters and protocol."
Issues: Litigation - Attorney's fees - Entitlement - Personal interest, Litigation - Recovery of Costs

Date Filed	Doc #	Docket Text
2013-08-22	1	COMPLAINT against All Defendants (Filing fee $ 400 receipt number 053L-4111472) filed by Michael Gahagan. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)Attorney Michael Wayne Gahagan added to party Michael Gahagan(pty:pla).(Gahagan, Michael) (Entered: 08/22/2013)
2013-08-22	2	Initial Case Assignment to Judge Kurt D. Engelhardt and Magistrate Judge Daniel E. Knowles, III. (mmv, ) (Entered: 08/22/2013)
2013-08-23	3	4 Summons Issued as to U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security and U.S. Department of Justice. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(cbs) (Entered: 08/23/2013)
2013-08-27	4	Summons Returned Executed - AFFIDAVIT of Service by Michael W. Gahagan of Summons, Complaint and Exhibits served on U.S. Department of Justice on 08/26/2013, answer due 10/25/2013. (Gahagan, Michael) Modified text/event on 8/28/2013 (mmm). (Entered: 08/27/2013)
2013-08-27	5	Summons Returned Executed - AFFIDAVIT of Service by Michael W. Gahagan of Summons, Complaint and Exhibits served on U.S. Department of Homeland Security on 08/26/2013, answer due 10/25/2013. (Gahagan, Michael) Modified text/event on 8/28/2013 (mmm). (Entered: 08/27/2013)
2013-08-27	6	Summons Returned Executed - AFFIDAVIT of Service by Michael W. Gahagan of Summons, Complaint and Exhibits served on U.S. Immigration and Customs Enforcement on 08/26/2013, answer due 10/25/2013. (Gahagan, Michael) Modified text/event on 8/28/2013 (mmm). (Entered: 08/27/2013)
2013-08-27	7	Summons Returned Executed - AFFIDAVIT of Service by Michael W. Gahagan of Summons, Complaint and Exhibits served on U.S. Attorney's Office - Eastern District of LA. on 08/26/2013, answer due 10/25/2013. (Gahagan, Michael) Modified text/event on 8/28/2013 (mmm). (Entered: 08/27/2013)
2013-08-28	8	Correction of Docket Entry by Clerk re 4 Affidavit of Service, 6 Affidavit of Service, 7 Affidavit of Service, 5 Affidavit of Service. Filing attorney selected incorrect event. Correct event is Summons Returned Executed as to USA or Agency of USA, which will calculate answer due date. Clerk took corrective action. (mmm) (Entered: 08/28/2013)
2013-09-02	9	AMENDED COMPLAINT against All Defendants filed by Michael Gahagan. (Attachments: # 1 Summons)(Gahagan, Michael) (Entered: 09/02/2013)
2013-09-02	10	MOTION for Summary Judgment by Michael Gahagan. Motion set for 9/18/2013 at 9:30 AM before Judge Engelhardt. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Notice of Submission, # 4 Proposed Order)(Gahagan, Michael) Modified text/submission info on 9/3/2013 (mmm). (Entered: 09/02/2013)
2013-09-03	11	Correction of Docket Entry by Clerk re 10 MOTION for Summary Judgment . Filing attorney should have selected 'N' at the question 'Is this an Exparte/Consent Motion Y/N?'. Motions set for submission are not Exparte. Clerk modified docket text to remove 'Exparte' and set for submission on 9/18/2013. (mmm) (Entered: 09/03/2013)
2013-09-03	12	Summons Issued as to Executive Office for Immigration Review. (mmm) (Entered: 09/03/2013)
2013-09-06	13	EXPARTE/CONSENT MOTION to Continue Plaintiff's Motion for Summary Judgment, Rec. Doc. 10 by Executive Office for Immigration Review, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States Department of Justice. (Attachments: # 1 Proposed Order)Attorney Brock Darren Dupre added to party Executive Office for Immigration Review(pty:dft), Attorney Brock Darren Dupre added to party U.S. Immigration and Customs Enforcement(pty:dft), Attorney Brock Darren Dupre added to party United States Department of Homeland Security(pty:dft), Attorney Brock Darren Dupre added to party United States Department of Justice(pty:dft).(Dupre, Brock) (Entered: 09/06/2013)
2013-09-09	14	SUMMONS Returned Executed; Executive Office for Immigration Review served on 9/6/2013, answer due 11/5/2013. (Gahagan, Michael) (Entered: 09/09/2013)
2013-09-09	15	RESPONSE/MEMORANDUM in Opposition filed by Michael Gahagan re 13 MOTION to Continue Plaintiff's Motion for Summary Judgment, Rec. Doc. 10 . (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Gahagan, Michael) (Entered: 09/09/2013)
2013-09-10	16	ORDER granting 13 MOTION to Continue Plaintiff's Motion for Summary Judgment . 10 MOTION for Summary Judgment reset for 10/16/2013 09:30 AM before Judge Kurt D. Engelhardt. Signed by Judge Kurt D. Engelhardt on 9/10/2013.(mmm) (Entered: 09/10/2013)
2013-09-25	17	ANSWER to 9 Amended Complaint, 1 Complaint, by Executive Office for Immigration Review, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States Department of Justice.(Dupre, Brock) (Entered: 09/25/2013)
2013-10-01	18	DEFICIENT: EXPARTE/CONSENT MOTION to Stay by Executive Office for Immigration Review, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States Department of Justice. (Attachments: # 1 Proposed Order)(Dupre, Brock) Modified on 10/2/2013 (mmm). (Entered: 10/01/2013)
2013-10-02	19	MOTION to Stay Case Due to Government Shutdown by Executive Office for Immigration Review, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States Department of Justice. Motion set for 10/30/2013 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)Attorney Sharon Denise Smith added to party Executive Office for Immigration Review(pty:dft), Attorney Sharon Denise Smith added to party U.S. Immigration and Customs Enforcement(pty:dft), Attorney Sharon Denise Smith added to party United States Department of Homeland Security(pty:dft), Attorney Sharon Denise Smith added to party United States Department of Justice(pty:dft).(Smith, Sharon) (Entered: 10/02/2013)
2013-10-02	20	EXPARTE/CONSENT MOTION to Expedite Hearing re:Motion for Stay (Rec Doc 19) by Executive Office for Immigration Review, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States Department of Justice. (Attachments: # 1 Proposed Order)(Smith, Sharon) (Entered: 10/02/2013)
2013-10-03	21	ORDER granting 19 Motion to Stay Case Due to Government Shutdown and granting 20 Motion to Expedite Hearing re:Motion for Stay, as stated within document. Signed by Judge Kurt D. Engelhardt on 10/2/2013. (cbs) (Entered: 10/03/2013)
2013-10-21	22	EXPARTE/CONSENT MOTION to Reopen Case by Executive Office for Immigration Review, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States Department of Justice. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 10/21/2013)
2013-10-21	23	EXPARTE/CONSENT MOTION to Reopen Case and Reset Deadlines by Michael Gahagan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Gahagan, Michael) (Entered: 10/21/2013)
2013-10-22	24	ORDER LIFTING STAY - IT IS HEREBY ORDERED that the Federal Defendants' motion to lift stay is GRANTED; it is FURTHER ORDERED, and this matter be restored to the Court's docket. It is also ORDERED that the Plaintiff's Motion for Summary Judgment, 10 , is reset for submission on November 13, 2013 at 9:30 AM.. Signed by Judge Kurt D. Engelhardt on 10/22/2013.(cbs) (Entered: 10/22/2013)
2013-10-22	25	ORDER finding as moot 23 Motion to Reopen Case. Signed by Judge Kurt D. Engelhardt on 10/22/2013. (cbs) (Entered: 10/22/2013)
2013-11-05	26	RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 10 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 11/05/2013)
2013-11-07	27	EXPARTE MOTION for Leave to File REPLY to Response to Motion filed by Michael Gahagan re 10 MOTION for Summary Judgment . (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Exhibit)(Gahagan, Michael) Modified event/text on 11/8/2013 (plh, ). (Entered: 11/07/2013)
2013-11-08	28	Correction of Docket Entry by Clerk re 27 REPLY to Response to Motion; **Filing attorney selected incorrect event. Correct event is MOTION for Leave to File Document. Clerk took corrective action.** (plh, ) (Entered: 11/08/2013)
2013-12-17	29	ORDER granting 27 Motion for Leave to File Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion for Summary Judgment. Signed by Judge Kurt D. Engelhardt on 12/17/2013. (cbs) (Entered: 12/17/2013)
2013-12-17	30	REPLY to Response to Motion filed by Michael Gahagan re 10 MOTION for Summary Judgment . (Attachments: # 1 Exhibit)(cbs) (Entered: 12/17/2013)
2014-05-23	31	ORDER & REASONS granting in part and denying in part 10 Motion for Summary Judgment. Signed by Judge Kurt D. Engelhardt on 5/23/2014. (mmm) (Entered: 05/23/2014)
2014-11-27	32	Second MOTION for Summary Judgment by Michael Gahagan. Motion set for 1/7/2015 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Exhibit, # 4 Proposed Order, # 5 Notice of Submission)(Gahagan, Michael) (Entered: 11/27/2014)
2014-12-12	33	Third MOTION for Summary Judgment by Michael Gahagan. Motion set for 1/7/2015 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order, # 6 Notice of Submission)(Gahagan, Michael) (Entered: 12/12/2014)
2014-12-30	34	RESPONSE/MEMORANDUM in Opposition filed by Executive Office for Immigration Review, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States Department of Justice re 33 Third MOTION for Summary Judgment , 32 Second MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 12/30/2014)
2014-12-31	35	EXPARTE/CONSENT MOTION for Leave to File Reply to Defendants' Opposition to Plaintiff's Second and Third Motions for Summary Judgment by Michael Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit)(Gahagan, Michael) (Entered: 12/31/2014)
2015-01-05	36	ORDER granting 35 Motion for Leave to File Reply to Defendants' Opposition to Plaintiff's Second and Third Motions for Summary Judgment. Signed by Judge Kurt D. Engelhardt on 1/5/2015. (cbs) (Entered: 01/05/2015)
2015-01-05	37	REPLY to Response to Motion filed by Michael Gahagan re 32 Second MOTION for Summary Judgment and 33 Third MOTION for Summary Judgment . (Attachments: # 1 Exhibit)(cbs) (Entered: 01/05/2015)
2015-06-24	38	ORDER granting in part and denying in part 32 Motion for Summary Judgment; granting in part and denying in part 33 Motion for Summary Judgment. Signed by Judge Kurt D. Engelhardt. (jrc) (Entered: 06/24/2015)
2015-07-14	39	Response/Reply by All Defendants to 38 Order on Motion for Summary Judgment, (Attachments: # 1 Exhibit A)(Dupre, Brock) (Entered: 07/14/2015)
2015-07-20	40	Response by All Defendants to 38 Court Order on Motion for Summary Judgment, (Attachments: # 1 Exhibit A)(Dupre, Brock) Modified on 7/21/2015 to edit text (cbs). (Entered: 07/20/2015)
2015-07-25	41	Fourth MOTION for Summary Judgment by Michael Gahagan. Motion(s) will be submitted on 8/19/2015. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 07/25/2015)
2015-08-11	42	RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 41 Fourth MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 08/11/2015)
2015-08-14	43	EXPARTE/CONSENT MOTION for Leave to File Reply by Michael Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Gahagan, Michael) Modified on 8/17/2015 to edit text (cbs). (Entered: 08/14/2015)
2015-08-17	44	Correction of Docket Entry by Clerk re 43 MOTION for Leave to File Reply ; Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?. Exparte/Consent motions are not set for hearing. Clerk has removed hearing date. (cbs) (Entered: 08/17/2015)
2015-08-19	45	ORDER granting 43 Motion for Leave to File Reply to Response. Signed by Judge Kurt D. Engelhardt on 8/19/2015. (cbs) (Entered: 08/19/2015)
2015-08-19	46	REPLY to Response to Motion filed by Michael Gahagan re 41 Fourth MOTION for Summary Judgment . (cbs) (Entered: 08/19/2015)
2016-03-11	47	ORDER AND REASONS granting in part and denying in part 41 Motion for Summary Judgment. Signed by Chief Judge Kurt D. Engelhardt on 3/11/2016. (kac) (Entered: 03/11/2016)
2016-03-30	48	Response/Reply by Executive Office for Immigration Review to 47 Order on Motion for Summary Judgment (Attachments: # 1 Exhibit A)(Dupre, Brock) (Entered: 03/30/2016)
2017-01-26	49	JUDGMENT - As set forth in this Court's May 23, 2014, June 24, 2015, and March 11, 2016 Orders and Reasons (Rec. Docs. 31, 38, and 47), the Court has ruled upon all of Plaintiff's requests for information, pursuant to the Freedom of Information Act ("FOIA"). Accordingly, IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff's requests are GRANTED IN PART and DENIED IN PART as set forth in the aforementioned Orders and Reasons. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this matter is concluded and that final judgment is entered in accordance with the Court's prior Orders and Reasons, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 1/26/2017.(cbs) (Entered: 01/26/2017)
2017-02-08	50	First MOTION for Attorney Fees by Michael Gahagan. Motion(s) will be submitted on 3/1/2017. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Gahagan, Michael) (Entered: 02/08/2017)
2017-02-21	51	RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 50 First MOTION for Attorney Fees . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 02/21/2017)
2017-02-22	52	EXPARTE/CONSENT MOTION for Leave to File Reply by Michael Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Gahagan, Michael) (Entered: 02/23/2017)
2017-02-24	53	ORDER granting 52 Motion for Leave to File Reply. Signed by Chief Judge Kurt D. Engelhardt on 2/24/2017. (cbs) (Entered: 02/24/2017)
2017-02-24	54	REPLY to Response to Motion filed by Michael Gahagan re 50 First MOTION for Attorney Fees . (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 12, # 4 Exhibit 13, # 5 Exhibit 14)(cbs) (Entered: 02/24/2017)
2017-03-10	55	EXPARTE/CONSENT MOTION for Extension of Deadlines to File Notice of Appeal by Executive Office for Immigration Review, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States Department of Justice. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 03/10/2017)
2017-03-14	56	ORDER granting 55 Motion to Extend Time to File Notice of Appeal, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 3/13/2017. (cbs) (Entered: 03/14/2017)
2017-09-12	57	EXPARTE/CONSENT MOTION for Leave to File Memorandum of Supplemental Authority by Executive Office for Immigration Review, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States Department of Justice. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A)(Dupre, Brock) (Entered: 09/12/2017)
2017-09-19	58	ORDER granting 57 Motion for Leave to File Memorandum of Supplemental Authority. Signed by Chief Judge Kurt D. Engelhardt on 9/19/2017. (cbs) (Entered: 09/19/2017)
2017-09-19	59	Memorandum of Supplemental Authority by Executive Office for Immigration Review, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security and United States Department of Justice (Attachments: # 1 Exhibit A)(cbs) (Entered: 09/19/2017)
2017-09-20	60	ORDER and REASONS granting in part and denying in part 50 Motion for Attorney's Fees and Costs. Specifically, the motion is denied relative to attorney's fees, but granted with respect to Plaintiff's request that he be awarded costs in the amount of $506.65, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 9/20/2017. (cbs) (Entered: 09/20/2017)
2017-11-10	61	NOTICE OF APPEAL by Michael Gahagan as to 60 ORDER and REASONS granting in part and denying in part 50 Motion for Attorney's Fees and Costs. (Filing fee $ 505, receipt number 053L-6465724.) (Gahagan, Michael) Modified text on 11/13/2017 (cbs). (Entered: 11/10/2017)
2017-11-20	62	USCA Case Number 17-30901 appealed to USCA, Fifth Circuit for 61 Notice of Appeal, filed by Michael Gahagan. (cbs) (Entered: 11/20/2017)
2017-11-27	63	Electronic Record on Appeal Access Granted to Brock Darren Dupre, Michael Wayne Gahagan, Kevin G. Boitmann, Peter M. Mansfield re 61 Notice of Appeal,. USCA Case Number 17-30901. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (Payton, Paige) (Entered: 11/27/2017)
2017-11-28	64	Electronic Record on Appeal Access Granted Mahesha P. Subbaraman re 61 Notice of Appeal,. USCA Case Number 17-30901. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (Payton, Paige) (Entered: 11/28/2017)
2017-12-26	65	APPEAL TRANSCRIPT REQUEST by Michael Gahagan re 61 Notice of Appeal,. (Transcript is unnecessary for appeal purposes) (Gahagan, Michael) (Entered: 12/26/2017)
2019-03-06	66	USCA JUDGMENT issued as mandate on 3/6/2019 as to 61 Notice of Appeal, filed by Michael Gahagan. USCA judge name: DAVIS, COSTA, and OLDHAM. (Attachments: # 1 USCA Opinion, # 2 Transmittal Letter)(jeg) (Entered: 03/07/2019)
2019-10-23	67	Letter from U.S. Supreme Court denying Writ of Certiorari. (cbs) (Entered: 10/24/2019)
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