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Case TitleMedellin Longoria v. Johnson et al
DistrictSouthern District of Texas
CityBrownsville
Case Number1:2015cv00055
Date Filed2015-03-24
Date Closed2018-03-07
JudgeJudge Andrew S. Hanen
PlaintiffJose Medellin Longoria
Case DescriptionJose Medellin Longoria, who was subject to administrative removal proceedings initiated by the Department of Homeland Security, submitted a FOIA request to U.S. Customs and Border Protection for all records concerning his encounters with the agency. He also submitted a FOIA request to U.S. Citizenship and Immigration Services for his alien file. CIS responded by providing four pages. CBP referred Medellin Longoria's request to CIS. CIS then reopened Medellin Longoria's request, but after hearing nothing further from the agency, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantJeh C Johnson Secretary, U.S. Department of Homeland Security
DefendantR. Gil Kerlikowske Commissioner, U.S. Customs and Border Protection
DefendantMary Ellen Callahan Chief FOIA Officer, U.S. Department of Homeland Security
DefendantLeon Rodriguez Director, U.S. Citizenship and Immigration Services
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-241Freedom of Information Act COMPLAINT and for Injunctive and Declaratory Relief against All Defendants (Filing fee $ 400) filed by Jose Medellin Longoria. (Attachments: # 1 Civil Cover Sheet)(bcampos, 1) (Entered: 03/25/2015)
2015-03-242MOTION/APPLICATION to Proceed In Forma Pauperis by Jose Medellin Longoria, filed. Motion Docket Date 4/14/2015. (Attachments: # 1 Proposed Order)(bcampos, 1) (Entered: 03/25/2015)
2015-03-253EXHIBITS re: 1 Complaint by Jose Medellin Longoria, filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Dougherty, Marlene) (Entered: 03/25/2015)
2015-03-254Request for Issuance of Summons as to Jose Medellin Longoria, Attorney General of the United States, U.S. Attorney, filed. (Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation, # 4 Continuation, # 5 Continuation)(Dougherty, Marlene) (Entered: 03/25/2015)
2015-03-265ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/30/2015 at 01:30 PM in Courtroom 6 before Judge Andrew S. Hanen(Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, 1) (Entered: 03/26/2015)
2015-03-266Summons Issued as to 1.)Jeh C. Johnson; 2.)R. Gil Kerlikowske; 3.) Mary Ellen Callahan; 4.) Leon Rodriguez; 5.) Kenneth Magidson U.S. Attorney; and 6.) Eric H. Holder, U.S. Attorney General. Issued summons returned to plaintiff by: First-class mail, filed.(sbejarano, 1) Modified on 3/26/2015 (sbejarano, 1). (sbejarano, 1). (Entered: 03/26/2015)
2015-04-217ORDER granting 2 Motion for Leave to Proceed in forma pauperis.(Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, 1) (Entered: 04/21/2015)
2015-05-088Unopposed MOTION for Extension of Time File Answer by Mary Ellen Callahan, Jeh C Johnson, R. Gil Kerlikowske, Leon Rodriguez, filed. Motion Docket Date 5/29/2015. (Attachments: # 1 Proposed Order)(Duke, Lance) (Entered: 05/08/2015)
2015-05-119ORDER granting 8 Unopposed Motion for Extension of Time to File an Answer. Answer due by 6/11/2015.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 05/11/2015)
2015-05-2810MOTION to Amend 1 Complaint by Jose Medellin Longoria, filed. Motion Docket Date 6/18/2015. (Attachments: # 1 Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Proposed Order)(Dougherty, Marlene) (Entered: 05/28/2015)
2015-06-0811ORDER granting 10 Motion to Amend.(Signed by Judge Andrew S. Hanen) Parties notified.(dnoriega, 1) (Entered: 06/08/2015)
2015-06-0812AMENDED Freedom of Information Act COMPLAINT and for Injunctive and Declaratory Relief against All Defendants filed by Jose Medellin Longoria. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(dnoriega, 1) (Entered: 06/08/2015)
2015-06-2213ANSWER to 12 Amended Complaint/Counterclaim/Crossclaim etc., by Mary Ellen Callahan, Jeh C Johnson, R. Gil Kerlikowske, Leon Rodriguez, filed.(Duke, Lance) (Entered: 06/22/2015)
2015-06-2414Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by Mary Ellen Callahan, Jeh C Johnson, R. Gil Kerlikowske, Leon Rodriguez, filed.(Duke, Lance) (Entered: 06/24/2015)
2015-06-30Minute Entry for proceedings held before Judge Andrew S. Hanen. SCHEDULING CONFERENCE held on 6/30/2015. Appearances: Marlene A Dougherty, Atty f/Plaintiff; Lance G Duke,AUSA f/Defendant; (Court Reporter: B.Barnard)(02:12-02:40). Discussion held as to Plaintiffs request for A File. Court addressed parties. Defendant will try to get items requested by Plaintiff. If Parties agree to attorney fees submit proposed order and if Parties do not agree to attorney fees Plaintiff to file motion in the next thiry days., filed.(csustaeta, 1) (Entered: 06/30/2015)
2015-07-2115MOTION for Attorney Fees by Jose Medellin Longoria, filed. Motion Docket Date 8/11/2015. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Dougherty, Marlene) (Entered: 07/21/2015)
2015-08-1016OBJECTIONS To Plaintiff's Petition For Attorneys Fees And Costs , filed by Mary Ellen Callahan, Jeh C Johnson, R. Gil Kerlikowske, Leon Rodriguez. (Attachments: # 1 Exhibit)(Duke, Lance) (Entered: 08/10/2015)
2015-08-1717REPLY to Response to 15 MOTION for Attorney Fees, filed by Jose Medellin Longoria. (Attachments: # 1 Exhibit B delivery confirmation, # 2 Exhibit C amended time report)(Dougherty, Marlene) (Entered: 08/17/2015)
2015-08-1718Sealed Event, filed. (Entered: 08/17/2015)
2016-03-2219ORDER granting 15 Motion for Attorney Fees. The Court hereby grants Plaintiffs petition for attorney fees and costs and awards Plaintiff $6,250.00 in attorney fees and $48.45 in costs. These amounts shall be paid forthwith by the Government. All other relief not specifically granted in this case is denied. (Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 03/22/2016)
2018-02-2020ORDER entered. This case has remained dormant since the Court issued its order granting the plaintiff's petition for attorney fees on March 22, 2016. It appears that no issues remain to be resolved. Unless either of the parties files a motion within the next fourteen days requesting that this case remain open and explaining what issues remain to be resolved, the case will be dismissed.(Signed by Judge Andrew S Hanen) Parties notified.(jtabares, 1) (Entered: 02/21/2018)
2018-03-0721ORDER entered. The Court hereby dismisses the case. Case terminated on 3/7/2018 (Signed by Judge Andrew S Hanen) Parties notified.(bcampos, 1) (Entered: 03/07/2018)
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by FOIA Project Staff
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