Case Detail

FOIA Project Annotation: Ruling on immigration attorney Michael Gahagan's motions for attorney's fees, a federal court in Louisiana has ruled that Gahagan is not entitled to attorney's fees because there was no evidence that his suit to gain access to a record showing his client had applied for U.S. citizenship through a relative furthered the public interest or that the U.S. Citizenship and Immigration Services had acted unreasonably. Gahagan had urged the court to award attorney's fees based on recent awards in several other cases. But the court noted that "it is clear that Gahagan is not entitled to attorney's fees." The court explained that "Gahagan here only sought a single record for use in his client's removal proceedings. He had no larger purpose aimed at benefitting the public. . ." The court added that "this Court cannot fathom any way in which that request sheds light on immigration policies. The process and policy here are quite apparentâ€"all Gahagan needed was proof that his client had taken the step of applying for permanent resident status. . .The release of this form here only served to help Gahagan's client, Mr. Patterson, and Gahagan himself." The agency did not contend that Gahagan was primarily motivated by a commercial interest, but the court observed that "it is evident that Gahagan received some indirect commercial benefit through the receipt of the document because he is now able to more effectively advocate for his client and maintain the reputation of his law practice, which is undeniably a commercial endeavor." Because Gahagan had failed to show the existence of any public interest benefit from disclosure of the record and because the agency had acted properly, the court indicated Gahagan was not entitled to attorney's fees.
Issues: Litigation - Attorney's fees - Entitlement - Public benefit, Litigation - Attorney's fees - Entitlement - Commercial interest

Date Filed	Doc #	Docket Text
2015-03-11	1	COMPLAINT against United States Citizenship and Immigration Services (Filing fee $ 400 receipt number 053L-4780103) filed by Michael W. Gahagan. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)Attorney Michael Wayne Gahagan added to party Michael W. Gahagan(pty:pla).(Gahagan, Michael) (Entered: 03/11/2015)
2015-03-12	2	Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Joseph C. Wilkinson, Jr. (mmv) (Entered: 03/12/2015)
2015-03-12	3	Summons Issued as to United States Citizenship and Immigration Services. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(gec) (Entered: 03/12/2015)
2015-04-01	4	SUMMONS Returned Executed; United States Citizenship and Immigration Services served on 3/23/2015, answer due 5/22/2015. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit)(Gahagan, Michael) (Entered: 04/01/2015)
2015-04-17	5	ANSWER to 1 Complaint, by United States Citizenship and Immigration Services.Attorney Brock Darren Dupre added to party United States Citizenship and Immigration Services(pty:dft).(Dupre, Brock) (Entered: 04/17/2015)
2015-04-20	6	NOTICE: Scheduling Conference set for 5/7/2015 11:00 AM before courtroom deputy by telephone, by Clerk.(ijg) (Entered: 04/20/2015)
2015-04-21	7	MOTION for Summary Judgment by Michael W. Gahagan. Motion set for 5/13/2015 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Notice of Submission)(Gahagan, Michael) (Entered: 04/21/2015)
2015-05-05	8	RESPONSE/MEMORANDUM in Opposition filed by United States Citizenship and Immigration Services re 7 First MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Exhibit A)(Dupre, Brock) (Entered: 05/05/2015)
2015-05-06	9	ORDER: The Scheduling Conference presently set on 5/7/2015 is Continued to 5/28/2015 at 11:00 AM before case manager by telephone. Signed by Judge Ivan L.R. Lemelle.(ijg) (Entered: 05/06/2015)
2015-06-11	10	ORDER AND REASONS denying 7 Motion for Summary Judgment. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 06/11/2015)
2015-06-13	11	MOTION for Reconsideration re 10 Order on Motion for Summary Judgment ; by Michael W. Gahagan. Motion(s) will be submitted on 7/8/2015. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 06/13/2015)
2015-06-23	12	MOTION for Summary Judgment by United States Citizenship and Immigration Services. Motion(s) will be submitted on 7/8/2015. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Statement of Contested/Uncontested Facts, # 4 Notice of Submission)(Dupre, Brock) (Entered: 06/23/2015)
2015-06-24	13	RESPONSE/MEMORANDUM in Opposition filed by Michael W. Gahagan re 12 MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order)(Gahagan, Michael) (Entered: 06/24/2015)
2015-06-30	14	RESPONSE/MEMORANDUM in Opposition filed by United States Citizenship and Immigration Services re 11 MOTION for Reconsideration re 10 Order on Motion for Summary Judgment ; . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 06/30/2015)
2015-08-17	15	ORDER AND REASONS denying 11 Motion for Reconsideration; Further Ordered that defendant file into the record a Vaughn index as set forth in document. Defendant's 12 Motion for Summary Judgment shall be held in abeyance until Defendant complies with the foregoing. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 08/17/2015)
2015-08-31	16	Response/Reply by United States Citizenship and Immigration Services to 15 Order on Motion for Reconsideration, Order on Motion for Summary Judgment,, (Attachments: # 1 Exhibit A)(Dupre, Brock) (Entered: 08/31/2015)
2015-09-04	17	Second MOTION for Summary Judgment by Michael W. Gahagan. Motion(s) will be submitted on 9/30/2015. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 09/04/2015)
2015-09-22	18	RESPONSE/MEMORANDUM in Opposition filed by United States Citizenship and Immigration Services re 17 Second MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 09/22/2015)
2015-09-25	19	EXPARTE/CONSENT MOTION for Leave to File Reply by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Gahagan, Michael) (Entered: 09/25/2015)
2015-09-30	20	ORDER granting 19 Motion for Leave to File Reply. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 09/30/2015)
2015-09-30	21	REPLY to Response to Motion filed by Michael W. Gahagan re 17 Second MOTION for Summary Judgment . (ijg) (Entered: 10/02/2015)
2015-11-04	22	ORDER & REASONS: ORDERED that 17 Second MOTION for Summary Judgment filed by Michael W. Gahagan is DENIED. FURTHER ORDERED that 12 MOTION for Summary Judgment filed by United States Citizenship and Immigration Services remain HELD IN ABEYANCE until Defendant files into the record a corrected Vaughn Index that more clearly identifies each redaction within the documents and clearly explains the relevance of each applied exemption, in particular exemption (k)(2). Defendant has until 14 days from the date of this order to file an updated Vaughn Index into the record. Signed by Judge Ivan L.R. Lemelle.(cml) (Entered: 11/04/2015)
2015-11-18	23	Response/Reply by United States Citizenship and Immigration Services to 22 Order (Attachments: # 1 Exhibit A)(Dupre, Brock) Modified docket text only on 11/19/2015 (ijg). (Entered: 11/18/2015)
2016-01-27	24	ORDER AND REASONS granting 12 Motion for Summary Judgment. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 01/27/2016)
2016-03-04	25	JUDGMENT: Ordered that all claims by plaintiff Michael W. Gahagan are Dismissed With Prejudice. Signed by Judge Ivan L.R. Lemelle on 3/3/2016.(ijg) (Entered: 03/04/2016)
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