Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that Florent Bayala failed to exhaust his administrative remedies when he filed suit against the Department of Homeland Security after the agency partially denied his request for records concerning his asylum application rather than first filing an administrative appeal. Bayala argued that the agency's cover letter explaining its reasons for denying records was so vague and cryptic that appealing administratively would have been futile. Contreras noted that "Bayala assumes that the 'purposes of exhaustion' would be served only if he could make 'targeted' arguments in an administrative appeal," but pointed out that "he fails to cite any authority for this proposition or to explain why an appeal from DHS's letter, as written would necessarily preclude DHS" from exercising its discretion and expertise or making a factual record supporting its decision. Bayala claimed the agency had failed to provide reasons for its determination. Contreras, however, observed that "the cover letter's 'reasons' were sufficient to require Bayala to file an administrative appeal. The letter explained that DHS decided to withhold certain documents in full because they 'contain no reasonably segregable portions of non-exempt information.' DHS also enumerated FOIA exemptions that it concluded were 'applicable' to withheld information. . .Lastly, DHS explained its reasons for referring certain documents to the Department of State and to ICE�"to enable those agencies to provide a 'direct response' to Bayala." In a footnote he added that "to the extent Bayala contends that FOIA requires of an initial agency response something more than 'reasons' but less than a Vaughn index, this Court discerns no such principle in the statute or case law." Addressing an issue that is currently unsettled after the D.C. Circuit's decision in CREW v. FEC�"whether a plaintiff is still required to file an administrative appeal if the agency responds after the time limit expires but before the plaintiff files suit�"Contreras came down on the side of the status quo, indicating in a footnote that "to be sure, DHS's letter issued after the twenty day response period. . .But this delay did not amount to constructive exhaustion because Bayala waited until after DHS's late response to file his lawsuit."
Issues: Litigation - Jurisdiction - Failure to Exhaust

FOIA Project Annotation: Judge Rudolph Contreras has ruled that FOIA's only remedy for a requester's dissatisfaction with an agency's processing of his or her request is to ask a court to review the agency's actions de novo, which does not include ordering the agency to "re-do" its initial response. Instead of appealing the agency's decision, Florent Bayala filed suit against the Department of Homeland Security after the agency withheld records related to an asylum officer's decision not to grant Bayala asylum. Bayala' primary contention was that the agency's bare bones description of its action was too vague for him to challenge properly. During the litigation, the agency disclosed most of its Assessment to Refer, which it had originally withheld under Exemption 5 (privileges). Contreras found Bayala had failed to exhaust his administrative remedies and granted the agency summary judgment. Bayala appealed to the D.C. Circuit, which found that the agency's decision to disclose the Assessment to Refer had superseded its initial decision and that Bayala no longer was required to file an administrative appeal. Instead, the D.C. Circuit remanded the case to Contreras with instructions to resolve any remaining issues concerning the agency's search and exemption claims. But Bayala continued to argue that the agency was required to re-write its initial response and promise not to send such responses to requesters in the future. Contreras found that under the mandate rule, which restricts lower courts to the issues identified by an appellate court, he did not have authority to address Bayala's continued concerns about the agency's original response. Instead, he concluded that "the remedy of de novo review provided for by FOIA and currently available to Mr. Bayala renders immaterial the alleged imperfections of DHS's initial response and the administrative process." He then pointed out that Bayala did not have standing to ask for injunctive future relief. Contreras observed that "where plaintiffs do not allege any possibility that their injury could recur�"such as through pending FOIA requests or concrete plans to file additional requests�"they lack standing for perspective relief regarding an agency's FOIA practices." Contreras refused to dismiss the case, noting that "the briefing before the court does not discuss the adequacy of DHS's search or the withholdings claimed by DHS. It would therefore be premature for this Court to determine whether the Assessment to Refer contained segregable portions before determining if DHS was correct to withhold any portions of the document." He indicated that he would review the Assessment to Refer in camera and asked Bayala and the agency to provide further briefing on the adequacy of the search and the claimed exemptions.
Issues: Litigation - Jurisdiction - Failure to State a Claim

FOIA Project Annotation: Judge Rudolph Contreras has ruled that U.S. Citizenship and Immigration Services properly invoked Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 7(E) (investigative methods and techniques) to withhold portions of Florent Bayala's asylum application, although, after in camera review, Contreras concluded that the first eight paragraphs in the agency's Assessment to Refer report were not deliberative and could be disclosed. Bayala did not dispute that the Assessment to Refer was both predecisional and deliberative, but argued that the asylum officer did not have an expectation that the report would remain confidential because such Assessments had been disclosed previously. Contreras noted that "although an agency may waive the deliberative process privilege as to a particular document by releasing it to the public, an agency does not waive the privilege as to an entire class of documents by voluntarily releasing one document of that type." He observed that "indeed, the D.C. Circuit in Abtew v. Dept of Homeland Security, 808 F. 3d 895 (D.C. Cir. 2015), specifically rejected Mr. Bayala's argument here and held that an Assessment to Refer could still be withheld despite the release of other Assessments to Refer in other litigation." But after reviewing the report in camera Contreras pointed out that "here, the first eight paragraphs of the Assessment to Refer are a dispassionate narration of facts, similar to material which has been found segregable in other cases. The facts contained in the first eight paragraphs are presented without interpretation, characterization, or analysis by the author, and appear in chronological order." The agency argued that disclosure could reveal the way in which the asylum officer chose to include certain facts. Rejecting this claim, Contreras observed that "the first eight paragraphs of the Assessment to Refer carry no signs that they were plucked from a broader array of facts. Furthermore, even if DHS's assertion was correct, the D.C. Circuit has held that selected facts may still be segregable if â€" as the Court has concluded here based on its in camera review â€" they do not reveal the agency's decisionmaking process." Contreras also found the agency had properly supported its Exemption 6 and Exemption 7(E) claims.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy, Exemption 7(E) - Investigative methods or techniques, Segregability - Disclosure of all non-exempt records

Date Filed	Doc #	Docket Text
2014-01-03	1	COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-3581020) filed by Florent Bayala. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Notice to Counsel/Party)(Cleveland, David) . (Entered: 01/03/2014)
2014-01-03	2	NOTICE of designation of related case by FLORENT BAYALA re 1 Complaint, (Cleveland, David) (Entered: 01/03/2014)
2014-01-03		Case Assigned to Judge Amy Berman Jackson. (md, ) (Entered: 01/03/2014)
2014-01-03	3	ERRATA summons by FLORENT BAYALA 1 Complaint, filed by FLORENT BAYALA. (Attachments: # 1 Summons, # 2 Summons)(Cleveland, David) (Entered: 01/03/2014)
2014-01-06	4	ELECTRONIC SUMMONS (3) ISSUED as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 01/06/2014)
2014-01-07	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/6/2014. Answer due for ALL FEDERAL DEFENDANTS by 2/5/2014. (Cleveland, David) (Entered: 01/07/2014)
2014-01-08	6	Case randomly reassigned to Judge Rudolph Contreras. Judge Amy Berman Jackson no longer assigned to the case. (ds) (Entered: 01/08/2014)
2014-01-11	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/10/14. (Cleveland, David) (Entered: 01/11/2014)
2014-01-11	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 1/10/2014 (Cleveland, David) (Entered: 01/11/2014)
2014-02-04	9	First MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 02/04/2014)
2014-02-05		MINUTE ORDER granting 9 Consent Motion for Extension of Time. Upon consideration of the defendant's consent motion for extension of time, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's answer or other responsive pleading is due on or before March 5, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 2/5/2014. (lcrc1) (Entered: 02/05/2014)
2014-03-01	10	MOTION for Extension of Time to File and Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 03/01/2014)
2014-03-04		MINUTE ORDER granting 10 Unopposed Motion for Extension of Time to Answer. Upon consideration of defendant's unopposed motion for extension of time, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall file its answer or other responsive pleading on or before March 25, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 03/04/2014. (lcrc1) (Entered: 03/04/2014)
2014-03-24	11	MOTION for Extension of Time to File an Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 03/24/2014)
2014-03-24		MINUTE ORDER granting 11 Unopposed Motion for Extension of Time to Answer. Upon consideration of defendant's unopposed motion for extension of time, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall file its answer or other responsive pleading on or before April 4, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 03/24/2014. (lcrc1) (Entered: 03/24/2014)
2014-04-04	12	MOTION for Extension of Time to File an Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 04/04/2014)
2014-04-04		MINUTE ORDER granting 12 Unopposed Motion for Extension of Time to Answer. Upon consideration of defendant's unopposed motion for extension of time, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall file its answer or other responsive pleading on or before April 15, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 04/04/2014. (lcrc1) (Entered: 04/04/2014)
2014-04-07		Reset Deadlines: Answer due by 4/15/2014, (tj ) (Entered: 04/07/2014)
2014-04-15	13	Final MOTION for Extension of Time to File Defendant's Answer or other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 04/15/2014)
2014-04-16		MINUTE ORDER granting 13 Motion for Extension of Time to Answer. Upon consideration of defendant's unopposed motion for extension of time, it is hereby ORDERED that the motion, nunc pro tunc , is GRANTED. It is further ORDERED that the defendant shall file its answer or other responsive pleading on or before April 17, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 04/16/2014. (lcrc1) (Entered: 04/16/2014)
2014-04-17	14	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 04/17/2014)
2014-04-23	15	NOTICE by UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, Attachment 5)(Adebonojo, Kenneth) (Entered: 04/23/2014)
2014-05-02	16	Memorandum in opposition to re 14 MOTION for Summary Judgment filed by FLORENT BAYALA. (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Text of Proposed Order)(Cleveland, David) (Entered: 05/02/2014)
2014-05-14	17	REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 05/14/2014)
2014-07-07	18	MOTION for Summary Judgment by FLORENT BAYALA (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts)(Cleveland, David) (Entered: 07/07/2014)
2014-07-24	19	Memorandum in opposition to re 18 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts (counter))(Adebonojo, Kenneth) (Entered: 07/24/2014)
2014-07-30	20	REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by FLORENT BAYALA. (Cleveland, David) (Entered: 07/30/2014)
2014-10-06	21	MOTION for Leave to File Supplemental Memorandum by FLORENT BAYALA (Attachments: # 1 Text of Proposed Order, # 2 Supplement, # 3 Declaration, # 4 Declaration)(Cleveland, David) (Entered: 10/06/2014)
2014-10-07		MINUTE ORDER granting 21 Plaintiff's Motion for Leave to File Supplemental Memorandum in Support of His Motion for Summary Judgment. SO ORDERED. Signed by Judge Rudolph Contreras on 10/07/2014. (lcrc1) (Entered: 10/07/2014)
2014-10-07	22	SUPPLEMENTAL MEMORANDUM to re 18 MOTION for Summary Judgment filed by FLORENT BAYALA. (Attachments: # 1 Exhibit Declaration of David Cleveland, # 2 Exhibit Declaration of David Cleveland)(Cleveland, David) (Entered: 10/07/2014)
2014-10-24	23	RESPONSE re 22 Supplemental Memorandum filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 10/24/2014)
2014-11-04	24	MEMORANDUM & ORDER granting 14 Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment; and denying 18 Plaintiff's Motion for Summary Judgment. It is hereby ORDERED that Plaintiff's complaint is dismissed without prejudice. See document for details. SO ORDERED. Signed by Judge Rudolph Contreras on 11/04/2014. (lcrc1) (Entered: 11/04/2014)
2014-11-16	25	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 24 Order on Motion for Summary Judgment,,, by FLORENT BAYALA. Filing fee $ 505, receipt number 0090-3906110. Fee Status: Fee Paid. Parties have been notified. (Cleveland, David) (Entered: 11/16/2014)
2014-11-17	26	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 25 Notice of Appeal to DC Circuit Court. (znmw, ) (Entered: 11/17/2014)
2014-11-18		USCA Case Number 14-5279 for 25 Notice of Appeal to DC Circuit Court filed by FLORENT BAYALA. (rd) (Entered: 11/18/2014)
2016-08-15	27	MANDATE of USCA as to 25 Notice of Appeal to DC Circuit Court filed by FLORENT BAYALA. USCA Case Number 14-5279. (Attachments: # 1 judgment filed June 28, 2016)(zrdj) (Entered: 08/15/2016)
2016-08-16		MINUTE ORDER: It is hereby ORDERED that, on or before August 30, 2016, the parties shall meet, confer, and jointly submit a proposed schedule to govern further proceedings. SO ORDERED. Signed by Judge Rudolph Contreras on 8/16/2016. (lcrc1) (Entered: 08/16/2016)
2016-08-26	28	MOTION for Summary Judgment by FLORENT BAYALA (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Cleveland, David) (Entered: 08/26/2016)
2016-08-30	29	MEET AND CONFER STATEMENT. (Cleveland, David) (Entered: 08/30/2016)
2016-08-30	30	STATUS REPORT by FLORENT BAYALA. (Cleveland, David) (Entered: 08/30/2016)
2016-08-30	31	STATUS REPORT /Proposed Schedule by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 08/30/2016)
2016-09-09	32	First MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Second Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 09/09/2016)
2016-09-10	33	RESPONSE re 32 First MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Second Motion for Summary Judgment filed by FLORENT BAYALA. (Cleveland, David) (Entered: 09/10/2016)
2016-09-12		MINUTE ORDER granting 32 Motion for Extension of Time. Upon consideration of Defendant's 32 Motion to Enlarge Time to File Defendant's Opposition to Plaintiff's Second Motion for Summary Judgment, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant's Opposition to Plaintiff's Second Motion for Summary Judgment is due on or before September 30, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 09/12/2016. (lcrc2) (Entered: 09/12/2016)
2016-09-30	34	MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Second Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 09/30/2016)
2016-09-30		MINUTE ORDER: Upon consideration of 34 Defendant's Motion to Enlarge Time to File Opposition to Plaintiff's Second Motion for Summary Judgment, it is hereby ORDERED that Defendant's motion is GRANTED. It is FURTHER ORDERED that Defendant shall file its opposition to Plaintiff's Second Motion for Summary Judgment on or before October 4, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 09/30/2016. (lcrc2) (Entered: 09/30/2016)
2016-09-30		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/4/2016. (tj) (Entered: 09/30/2016)
2016-10-04	35	Memorandum in opposition to re 28 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts (COUNTER))(Adebonojo, Kenneth) (Entered: 10/04/2016)
2016-10-04	36	MOTION to Dismiss by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 10/04/2016)
2016-10-10	37	STRICKEN PURSUANT TO ORDER FILED 3/30/2017.....REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by FLORENT BAYALA. (Cleveland, David) Modified on 3/31/2017 (znmw). (Entered: 10/10/2016)
2016-10-10	38	MOTION to Strike 37 Reply to opposition to Motion by FLORENT BAYALA (Attachments: # 1 Text of Proposed Order)(Cleveland, David) (Entered: 10/10/2016)
2016-10-10	39	REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by FLORENT BAYALA. (Cleveland, David) (Entered: 10/10/2016)
2016-10-10	40	RESPONSE re 36 MOTION to Dismiss filed by FLORENT BAYALA. (Attachments: # 1 Text of Proposed Order)(Cleveland, David) (Entered: 10/10/2016)
2016-10-20	41	REPLY to opposition to motion re 36 MOTION to Dismiss filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 10/20/2016)
2016-11-28	42	MOTION for Leave to File Supplemental Memorandum by FLORENT BAYALA (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Cleveland, David) (Entered: 11/28/2016)
2016-12-14	43	Memorandum in opposition to re 42 MOTION for Leave to File Supplemental Memorandum filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 12/14/2016)
2017-03-30	44	ORDER denying 28 Plaintiff's motion for summary judgment, granting in part and denying in part 36 Defendant's motion to dismiss, granting 38 Plaintiff's motion to strike, granting 42 Plaintiff's motion for leave to file supplemental memorandum, and ordering in camera review. See document for details. Signed by Judge Rudolph Contreras on 3/30/2017. (lcrc1) (Entered: 03/30/2017)
2017-03-30	45	MEMORANDUM OPINION denying 28 Plaintiff's motion for summary judgment, granting in part and denying in part 36 Defendant's motion to dismiss, granting 38 Plaintiff's motion to strike, granting 42 Plaintiff's motion for leave to file supplemental memorandum, and ordering in camera review. See document for details. Signed by Judge Rudolph Contreras on 3/30/2017. (lcrc1) (Entered: 03/30/2017)
2017-03-30	46	SUPPLEMENTAL MEMORANDUM to re 28 MOTION for Summary Judgment filed by FLORENT BAYALA. (Attachments: # 1 Declaration -Attachment 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Declaration -Attachment 2, # 9 Exhibit A, # 10 Exhibit B)(znmw) (Entered: 03/31/2017)
2017-05-01	47	MOTION for Extension of Time to Submit Assessment to Refer for In Camera Review and to Renew Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 05/01/2017)
2017-05-09		MINUTE ORDER granting 47 Defendant's Motion to Enlarge Time: It is hereby ORDERED that Defendant shall renew its motion for summary judgment and submit the Assessment to Refer for in camera review on or before May 15, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 5/9/2017. (lcrc1) (Entered: 05/09/2017)
2017-05-12	48	Consent MOTION for Extension of Time to Submit Document for In Camera Review and Defendant's Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 05/12/2017)
2017-05-15		MINUTE ORDER granting 48 Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall submit the Assessment to Refer for in Camera Review and file a Renewed Motion for Summary Judgment no later than May 22, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 5/15/2017. (lcrc2) (Entered: 05/15/2017)
2017-05-22	49	Consent MOTION for Extension of Time to Submit a Document for In Camera Review and to Renew Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 05/22/2017)
2017-05-22		MINUTE ORDER granting 49 Consent Motion to Enlarge Time: It is hereby ORDERED that Defendant shall submit the Assessment to Refer for in Camera Review and file a Renewed Motion for Summary Judgment no later than May 23, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 5/22/2017. (lcrc2) (Entered: 05/22/2017)
2017-05-23	50	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Adebonojo, Kenneth) (Entered: 05/23/2017)
2017-05-23	51	NOTICE of Submission for In Camera Review of Exhibit F to Defendant's Renewed Motion for Summary Judgment, ECF No. 50 by UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 50 MOTION for Summary Judgment , 44 Order on Motion for Summary Judgment,, Order on Motion to Dismiss,, Order on Motion to Strike,, Order on Motion for Leave to File, (Adebonojo, Kenneth) (Entered: 05/23/2017)
2017-05-30	52	Memorandum in opposition to re 50 MOTION for Summary Judgment filed by FLORENT BAYALA. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Statement of Facts, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Cleveland, David) (Entered: 05/30/2017)
2017-06-09	53	First MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 06/09/2017)
2017-06-12		MINUTE ORDER granting 53 Motion for Extension of Time: It is hereby ORDERED that Defendant shall have until and including June 16, 2017 to file a reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment. SO ORDERED. Signed by Judge Rudolph Contreras on 6/12/2017. (lcrc2) (Entered: 06/12/2017)
2017-06-16	54	REPLY to opposition to motion re 50 MOTION for Summary Judgment (Renewed) filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 06/16/2017)
2017-09-01	55	ORDER granting in part and denying in part 50 Defendant's renewed motion for summary judgment, granting Plaintiff partial summary judgment sua sponte , and ordering disclosure. See document for details. Signed by Judge Rudolph Contreras on 9/1/2017. (lcrc1) (Entered: 09/01/2017)
2017-09-01	56	MEMORANDUM OPINION granting in part and denying in part 50 Defendant's renewed motion for summary judgment and granting Plaintiff partial summary judgment sua sponte . See document for details. Signed by Judge Rudolph Contreras on 9/1/2017. (lcrc1) (Entered: 09/01/2017)
2017-09-12	57	First MOTION for Attorney Fees by FLORENT BAYALA (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Cleveland, David) (Entered: 09/12/2017)
2017-09-26	58	Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Attorney's Fees and Costs by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 09/26/2017)
2017-09-26		MINUTE ORDER granting 58 Motion for Extension of Time: It is hereby ORDERED that Defendant shall have up to and including October 23, 2017, to file its opposition to Plaintiff's Motion for Attorney's Fees and Costs. SO ORDERED. Signed by Judge Rudolph Contreras on September 26, 2017. (lcrc2) (Entered: 09/26/2017)
2017-10-23	59	MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Attorney's Fees by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 10/23/2017)
2017-11-09		MINUTE ORDER granting 59 Defendant's Motion for Extension of Time: It is hereby ORDERED that Defendant shall have until and including November 17, 2017, to respond to Plaintiff's Motion for Attorney's Fees and Costs. SO ORDERED. Signed by Judge Rudolph Contreras on November 9, 2017. (lcrc2) (Entered: 11/09/2017)
2017-11-13		Set/Reset Deadlines: Response due by 11/17/2017 (gdf) (Entered: 11/13/2017)
2017-11-16	60	Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Fees and Costs by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 11/16/2017)
2017-11-16		MINUTE ORDER granting 60 Defendant's Motion for Extension of Time: It is hereby ORDERED that Defendant shall have until and including November 24, 2017, to respond to Plaintiff's Motion for Attorney's Fees and Costs. SO ORDERED. Signed by Judge Rudolph Contreras on November 16, 2017. (lcrc2) (Entered: 11/16/2017)
2017-11-17		Set/Reset Deadlines: Response to plaintiff's motion for attorney's fees and costs due by 11/24/2017. (tj) (Entered: 11/17/2017)
2017-11-24	61	MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Attorney's Fees and Costs by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 11/24/2017)
2017-11-27		MINUTE ORDER granting 61 Defendant's Motion for Extension of Time: It is hereby ORDERED that Defendant shall have until and including December 8, 2017, to respond to Plaintiff's Motion for Attorney's Fees and Costs. SO ORDERED. Signed by Judge Rudolph Contreras on November 24, 2017. (lcrc2) (Entered: 11/27/2017)
2017-11-28		Set/Reset Deadlines: Response to Show Cause due by 12/8/2017. (tj) (Entered: 11/28/2017)
2017-12-08	62	STIPULATION re 57 First MOTION for Attorney Fees of Settlement Regarding Fees and Order of Dismissal by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 12/08/2017)
2017-12-11	63	ORDER dismissing with this matter with prejudice; denying as moot 57 Plaintiff's Motion for Attorney Fees and 61 Defendant's Motion for Extension of Time. See document for details. Signed by Judge Rudolph Contreras on 12/08/2017. (lcrc1) (Entered: 12/11/2017)
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