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Case TitleMAZINDA v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictSouthern District of Indiana
CityIndianapolis
Case Number1:2015cv00752
Date Filed2015-05-11
Date Closed2016-11-29
JudgeJudge Sarah Evans Barker
PlaintiffALISON S. MAZINDA on his behalf and on behalf of all others similarly situated
Case DescriptionAlison Mazinda submitted FOIA requests to U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services for her alien file to use in her naturalization proceeding. Although her naturalization proceedings were postponed to await responses to her FOIA requests, when neither agency had responded, Mazinda filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
.
DefendantUNITED STATES CUSTOMS AND BORDER PROTECTION
DefendantUNITED STATES CUSTOMS AND BORDER PROTECTION
.
DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
.
DefendantKAMSING V. LEE
. in his official capacity as an agent and employee of a United States government agency
DefendantKAMSING V. LEE in his official capacity as an agent and employee of a United States government agency
DefendantLoretta Lynch Attorney General of the United States
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [61]
FOIA Project Annotation: A federal court in Indiana has ruled that the Department of Homeland Security conducted an adequate search for records concerning its reasons for denying Alison Mazinda's application for naturalization and that Mazinda's claim that neither U.S. Citizenship and Immigration Services nor U.S. Customs and Border Protection had not responded to his request became moot once the agency provided responsive records. Mazinda was interviewed at the USCIS field office in Indianapolis. During the interview, the interviewer asked Mazinda to explain why information collected at his port of entry indicated that he was an executive director with the Sudan People Liberation Movement. Mazinda insisted he had been in South Sudan as a volunteer aid worker and was not a member of the SPLM. He suggested that information must have come from the Sudanese government. But when pressed to explain why the CBP agent believed he was a member of the SPLM, Mazinda indicated he could recall the conversation. As a result of the interview, his application was denied for containing false statements. Mazinda then filed FOIA requests for the records showing where the information had come from. The agency disclosed his alien file as well as five pages pertaining to his exchange with CBP agents at his port of entry, but withheld some information under Exemption 7(E) (investigative methods and techniques). Mazinda filed suit under FOIA and the Administrative Procedure Act, alleging the agency's regulations were arbitrary and capricious. The court dismissed both claims. The court agreed that once the agency had responded to Mazinda's FOIA requests his delay complaint became moot. Finding the agency' search was adequate, the court noted that "as Defendants point out, the only document that fits the description of Mazinda's FOIA request is the five-page document Mazinda received. FOIA does not require Defendants to produce records Mazinda did not request." The court added that "in light of Mazinda's narrow and well-defined FOIA request, there are no indications of overlooked materials that would be responsive."
Issues: Adequacy - Search, Litigation - Jurisdiction - Moot
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-05-111COMPLAINT against All Defendants, filed by ALISON S. MAZINDA. (Filing fee $400, receipt number IP045784) (Attachments: # 1 Civil Cover Sheet)(JRT) (Entered: 05/12/2015)
2015-05-112NOTICE of Appearance by Thomas R. Ruge on behalf of Plaintiff ALISON S. MAZINDA. (JRT) (Entered: 05/12/2015)
2015-05-113NOTICE of Appearance by Sarah L. Moshe on behalf of Plaintiff ALISON S. MAZINDA. (JRT) (Entered: 05/12/2015)
2015-05-114Summons Issued as to All Defendants. (JRT) (Entered: 05/12/2015)
2015-05-125MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRT) (Entered: 05/12/2015)
2015-06-026RETURN of Service by CMRRR, filed by ALISON S. MAZINDA. KAMSING V. LEE served on 5/18/2015. (Moshe, Sarah) (Entered: 06/02/2015)
2015-06-027RETURN of Service by CMRRR, filed by ALISON S. MAZINDA. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 5/21/2015. (Moshe, Sarah) (Entered: 06/02/2015)
2015-06-038RETURN of Service by CMRRR, filed by ALISON S. MAZINDA. Loretta Lynch served on 5/20/2015. (Moshe, Sarah) (Entered: 06/03/2015)
2015-06-119RETURN of Service by CMRRR, filed by ALISON S. MAZINDA. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 5/20/2015. (Moshe, Sarah) (Entered: 06/11/2015)
2015-06-1110NOTICE of Appearance by Shelese M. Woods on behalf of Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Woods, Shelese) (Entered: 06/11/2015)
2015-06-1111Unopposed MOTION for Extension of Time to 60 days , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 06/11/2015)
2015-06-2212ORDER granting Defendants' 11 Motion for Extension of Time to File response to complaint to 8/17/2015. Signed by Magistrate Judge Tim A. Baker on 6/22/2015. (SWM) (Entered: 06/23/2015)
2015-07-0913RETURN of Service by CMRRR, filed by ALISON S. MAZINDA. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 5/19/2015. (Moshe, Sarah) (Entered: 07/09/2015)
2015-07-0914RETURN of Service by CMRRR, filed by ALISON S. MAZINDA. UNITED STATES ATTORNEY'S OFFICE served on 5/18/2015. (Moshe, Sarah) (Entered: 07/09/2015)
2015-07-1615NOTICE of Appearance by Emily B. Nestler on behalf of Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Nestler, Emily) (Entered: 07/16/2015)
2015-08-1116NOTICE of Appearance by Christopher Westley Dempsey on behalf of Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dempsey, Christopher) (Entered: 08/11/2015)
2015-08-1117Unopposed MOTION for Extension of Time to October 1, 2015 to Respond to Complaint , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Dempsey, Christopher) (Entered: 08/11/2015)
2015-08-1418ORDER granting Defendants' 17 Motion for Extension of Time to File response to complaint to 10/1/2015. No further enlargements are anticipated. Signed by Magistrate Judge Tim A. Baker on 8/14/2015. (SWM) (Entered: 08/17/2015)
2015-08-1819NOTICE of Appearance by Danielle Kathleen Schuessler on behalf of Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Schuessler, Danielle) (Entered: 08/18/2015)
2015-10-0120First MOTION to Dismiss for Lack of Jurisdiction and (), First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative (), First MOTION for Summary Judgment (), filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Interested Parties Loretta Lynch, UNITED STATES ATTORNEY'S OFFICE. (Attachments: # 1 Exhibit A - Eggleston Declaration, # 2 Exhibit A (1-5) - Exhibits to Eggleston Declaration, # 3 Exhibit B - Jan. 13, 2015 Interview Video Transcript, # 4 Exhibit C - FOIA Request to CBP, # 5 Exhibit D - CBP FOIA Response Letter, # 6 Exhibit E - Yahoo Group Conversation)(Schuessler, Danielle) (Entered: 10/01/2015)
2015-10-0121EXHIBIT re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment by KAMSING V. LEE, Loretta Lynch, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit F - SPLM Today Article, # 2 Exhibit G - SPLM Flyer Nov. 15, 2010, # 3 Exhibit H - SPLM Flyer Nov. 30, 2010, # 4 Exhibit I - N-336 Interview Notice)(Schuessler, Danielle) (Entered: 10/01/2015)
2015-10-0122BRIEF/MEMORANDUM in Support re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Interested Parties Loretta Lynch, UNITED STATES ATTORNEY'S OFFICE. (Schuessler, Danielle) (Entered: 10/01/2015)
2015-10-0523EXHIBIT re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment by KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit J (Part 1) - N-400, # 2 Exhibit J (Part 2) N-400)(Schuessler, Danielle) Modified on 11/23/2015 (CBU)(Order sealing exhibits J-1 and J-2 11/23/2015) (Entered: 10/05/2015)
2015-10-0524EXHIBIT re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment by KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit K - FOIA Responsive Documents)(Schuessler, Danielle) (Entered: 10/05/2015)
2015-10-1325Unopposed MOTION for Extension of Time to November 13, 2015 for Plaintiffs to Respond to Defendants' Combined Motion to Dismiss and Motion for Summary Judgment , filed by Plaintiff ALISON S. MAZINDA. (Attachments: # 1 Text of Proposed Order)(Moshe, Sarah) (Entered: 10/13/2015)
2015-10-2226ORDER granting Plaintiff's 25 Motion for Extension of Time to File response to Defendants' combined Motion to Dismiss and Motion for Summary Judgment to 11/13/2015. Copy to United States Attorney. Signed by Magistrate Judge Tim A. Baker on 10/22/2015. (SWM) (Entered: 10/23/2015)
2015-11-0627Unopposed MOTION for Extension of Time to File Response to 12/14/2015 re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment , filed by Plaintiff ALISON S. MAZINDA. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Second Unopposed Motion for Extension of Time to Respond to Defendants' Combined Motion)(Moshe, Sarah) (Entered: 11/06/2015)
2015-11-1228ORDER granting Plaintiffs' 27 Motion for Extension of Time to File Response to 12/14/2015 re 20 First MOTION to Dismiss for Lack of Jurisdiction, and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment . Signed by Magistrate Judge Tim A. Baker on 11/12/2015. (SWM) Modified on 11/12/2015 (SWM). (Entered: 11/12/2015)
2015-11-1229Unopposed MOTION to Seal Document 23 Exhibit J-1 and J-2 , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Schuessler, Danielle) (Entered: 11/12/2015)
2015-11-2330ORDER granting 29 Motion to Seal Exhibits J-1 and J-2. Signed by Magistrate Judge Tim A. Baker on 11/23/2015. (CBU) (Entered: 11/23/2015)
2015-11-3031SCHEDULING ORDER: Initial Pretrial Conference set for 1/11/2016 11:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 11/30/2015.(SWM) (Entered: 11/30/2015)
2015-12-1432RESPONSE in Opposition re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment , filed by Plaintiff ALISON S. MAZINDA. (Moshe, Sarah) (Entered: 12/14/2015)
2015-12-1433SEALED RESPONSE re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment , filed by Plaintiff ALISON S. MAZINDA. (Moshe, Sarah) (Entered: 12/14/2015)
2015-12-1434Designation of Evidence re 32 Response in Opposition to Motion, 33 SEALED Response to Motion , filed by Plaintiff ALISON S. MAZINDA. (Attachments: # 1 Exhibit A. Confidential Affidavit of Alison S. Mazinda, # 2 Exhibit B. US Department of State Background Note: Sudan (October 2007), # 3 Exhibit C. Form N-400 Application for Naturalization, including Annexure One, # 4 Exhibit E. Request for Applicant to Appear for Naturalization Initial Interview, # 5 Exhibit F. Transcript of Mazindas January 13, 2015 interview with USCIS, # 6 Exhibit G. USCIS Decision Letter (February 13, 2015), # 7 Exhibit H. Correspondence from Mazindas counsel to Director Kamsing Lee, including email cover letter (March 10, 2015), # 8 Exhibit I. Affidavit of Counsel, # 9 Exhibit J. Email correspondence from Mazindas counsel to Director Kamsing Lee, (March 16, 2015), # 10 Exhibit K. CBP FOIA Request (March 16, 2015), # 11 Exhibit L. Correspondence from Director Kamsing Lee to Mazindas counsel, including email cover letter (March 17, 2015), # 12 Exhibit M. USCIS FOIA Request (March 17, 2015), # 13 Exhibit N. Form N-336 Request for Hearing on a Decision in Naturalization Proceedings and supporting documents, # 14 Exhibit O. Correspondence from Jill Eggleston to Mazindas counsel (March 27, 2015), # 15 Exhibit P. Email correspondence from Mazindas counsel to USCIS Indianapolis Field Office (March 30, 2015), # 16 Exhibit Q. Request for Applicant to Appear for Hearing (April 2, 2015), # 17 Exhibit R. Email correspondence from USCIS Indianapolis Field Office to Mazindas counsel (April 6, 2015), # 18 Exhibit S. USCIS FOIA Request (April 7, 2015), # 19 Exhibit T. Email correspondence from Mazindas counsel to USCIS Indianapolis Field Office (April 7, 2015), # 20 Exhibit U. Email correspondence from USCIS Indianapolis Field Office to Mazindas counsel (April 14, 2015), # 21 Exhibit V. Email correspondence from Mazindas counsel to USCIS Indianapolis Field Office (April 15, 2015), # 22 Exhibit W. Email correspondence from Mazindas counsel to USCIS Indianapolis Field Office (April 15, 2015), # 23 Exhibit X. Email correspondence from USCIS Indianapolis Field Office to Mazindas counsel (April 21, 2015), # 24 Exhibit Y. Email correspondence from Government counsel to Mazindas counsel (July 21, 2015), # 25 Exhibit Z. FOIA Responsive Documents (July 21, 2015), # 26 Exhibit AA. Email correspondence from Government counsel to Mazindas counsel (August 6, 2015), # 27 Exhibit BB. Correspondence from Mazindas counsel to Government counsel (August 7, 2015), # 28 Exhibit CC. Email correspondence from Mazindas counsel to Government counsel (August 7, 2015), # 29 Exhibit DD. Request for Applicant to Appear for a Hearing (August 11, 2015), # 30 Exhibit EE. USCBP FOIA Response (August 17, 2015), # 31 Exhibit FF. Email correspondence from Mazindas counsel to Government counsel (August 20, 2015), # 32 Exhibit GG. Email correspondence from Government counsel to Mazindas counsel (August 27, 2015), # 33 Exhibit HH. SPLM Documents, # 34 Exhibit II. Request for Interview (September 24, 2015), # 35 Exhibit JJ. Email correspondence from Mazindas counsel to USCIS Indianapolis Field Office (October 19, 2015), # 36 Exhibit KK. Request for Applicant to Appear for Hearing (October 22, 2015), # 37 Exhibit LL. Affidavit of Megan J. Kight (December 14, 2015))(Moshe, Sarah) (Entered: 12/14/2015)
2015-12-1435SEALED Exhibit A , re 34 Designation of Evidence, filed by Plaintiff ALISON S. MAZINDA. (Moshe, Sarah) (Entered: 12/14/2015)
2015-12-1436SEALED Exhibit D , re 34 Designation of Evidence, filed by Plaintiff ALISON S. MAZINDA. (Moshe, Sarah) (Entered: 12/14/2015)
2015-12-1437MOTION to Maintain Document Under Seal 35 SEALED Document, 36 SEALED Document, 33 SEALED Response to Motion , filed by Plaintiff ALISON S. MAZINDA. (Attachments: # 1 Text of Proposed Order)(Moshe, Sarah) (Entered: 12/14/2015)
2015-12-1838First MOTION for Extension of Time to File Reply to January 20, 2015 re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schuessler, Danielle) (Entered: 12/18/2015)
2015-12-2139ORDER granting Defendants' 38 Motion for Extension of Time to File Reply to 1/20/2016 re 20 First MOTION to Dismiss for Lack of Jurisdiction and , First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment . Signed by Magistrate Judge Tim A. Baker on 12/21/2015. (SWM) (Entered: 12/21/2015)
2015-12-3140Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ALISON S. MAZINDA . (Moshe, Sarah) (Entered: 12/31/2015)
2015-12-3141MOTION to Stay Discovery , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Schuessler, Danielle) (Entered: 12/31/2015)
2016-01-2042REPLY in Support of Motion re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Reply Exhibit 1, # 2 Exhibit Reply Exhibit 2, # 3 Exhibit Reply Exhibit 3)(Schuessler, Danielle) Modified on 6/15/2016 (CKM). (Entered: 01/20/2016)
2016-01-2143ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Parties appeared by counsel on 1/11/2016, for an Initial Pretrial Conference. Dispositive Motions due by 3/13/2016. Discovery due by 3/11/2016. Defendant's opposed motion to stay discovery [Filing No. 41] is denied. Plaintiff's motion to seal [Filing No. 37] is denied as overbroad and not supported by good cause. Nevertheless, the documents subject to this order shall remain under seal pending further order. Plaintiff shall have 14 days to file a renewed, more narrow motion that seeks to redact only those portions of documents that could appropriately be sealed, and that provides forpublic filing of those redacted documents. Signed by Magistrate Judge Tim A. Baker on 1/21/2016.(SWM) (Entered: 01/21/2016)
2016-01-2144MOTION Verified Supplemental Motion for Confidential Treatment and Motion to Seal , filed by Plaintiff ALISON S. MAZINDA. (Attachments: # 1 Exhibit 1 -- Electronic mail from Defendants' Counsel to Plaintiff's Counsel, # 2 Exhibit 2 -- Electronic mail from Plaintiffs Counsel to Defendants Counsel, # 3 Exhibit 3 -- Electronic mail from Defendants Counsel to Plaintiffs Counsel, # 4 Exhibit 4 -- Plaintiffs Opposition to Combined Motion to Dismiss and for Summary Judgment-Redacted, # 5 Exhibit 5 -- Affidavit of Alison Mazinda-Redacted, # 6 Exhibit 6 -- Plaintiffs Employment Contract-Redacted, # 7 Exhibit 7 -- Reply to Plaintiffs Opposition to Defendants Motion to Dismiss, or in the Alternative, for Summary Judgment-Redacted, # 8 Exhibit 8 -- Record of Sworn Statement-Redacted)(Moshe, Sarah) (Entered: 01/21/2016)
2016-02-0345RESPONSE in Opposition re 44 MOTION Verified Supplemental Motion for Confidential Treatment and Motion to Seal , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Schuessler, Danielle) (Entered: 02/03/2016)
2016-02-0846REPLY in Support of Motion re 44 MOTION Verified Supplemental Motion for Confidential Treatment and Motion to Seal and in response to Defendants' Opposition to Verified Supplemental Motion for confidential Treatment and Motion to Seal , filed by Plaintiff ALISON S. MAZINDA. (Moshe, Sarah) (Entered: 02/08/2016)
2016-02-1947Witness List and Exhibit List (Preliminary), filed by Plaintiff ALISON S. MAZINDA. (Moshe, Sarah) Modified on 2/22/2016 (CKM). (Entered: 02/19/2016)
2016-02-2548SCHEDULING ORDER: Bench Trial set for 1/23/2017 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Final Pretrial Conference set for 1/10/2017 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 2/25/2016.(CKM) (Entered: 02/25/2016)
2016-03-1649MARGINAL ENTRY granting Plaintiff's 44 Supplemental Motion for Confidential Treatment and Motion to Seal. The documents previously filed under seal shall remain sealed. Signed by Magistrate Judge Tim A. Baker on 3/16/2016. (SWM) (Entered: 03/16/2016)
2016-04-0550MOTION for Leave to Supplement Record on Pending Motions , filed by Plaintiff ALISON S. MAZINDA. (Attachments: # 1 Exhibit A - Plaintiff's Second Set of RFP to US Citizenship and Immigration, # 2 Exhibit B - Record of Sworn Statement, # 3 Text of Proposed Order)(Moshe, Sarah) (Entered: 04/05/2016)
2016-04-1851RESPONSE to Motion re 50 MOTION for Leave to Supplement Record on Pending Motions , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Marckmann Decl.)(Schuessler, Danielle) (Entered: 04/18/2016)
2016-04-1852NOTICE of Errata , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment . (Attachments: # 1 Exhibit Corrected Vaughn Index) (Schuessler, Danielle) (Entered: 04/18/2016)
2016-04-2253Witness List (Preliminary) , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Schuessler, Danielle) (Entered: 04/22/2016)
2016-04-2254Exhibit List (Preliminary) , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Schuessler, Danielle) (Entered: 04/22/2016)
2016-05-0555ORDER granting 50 Plaintiff's Motion for Leave to Supplement Record on Pending Motions. The Court, having reviewed said Motion and being duly advised, hereby GRANTS Plaintiff's Motion. Therefore, the attachments to Plaintiff's motion shall be part of the record of exhibits that the Court may consider in ruling on the pending dispositive motion. Signed by Magistrate Judge Tim A. Baker on 5/5/2016. (MGG) (Entered: 05/05/2016)
2016-07-1356Witness List (Final) , filed by Plaintiff ALISON S. MAZINDA, Exhibit List (Final) , filed by Plaintiff ALISON S. MAZINDA. (Moshe, Sarah) (Entered: 07/13/2016)
2016-07-1857Witness List (Final) , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dempsey, Christopher) (Entered: 07/18/2016)
2016-07-1858Exhibit List (Final) , filed by Defendants KAMSING V. LEE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dempsey, Christopher) (Entered: 07/18/2016)
2016-09-0259ORDER - REFERRING MOTION: 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Loretta Lynch, KAMSING V. LEE, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Signed by Judge Sarah Evans Barker on 9/2/2016. Motions referred to Tim A. Baker.(CKM) (Entered: 09/02/2016)
2016-09-2960REPORT AND RECOMMENDATIONS re 20 First MOTION to Dismiss for Lack of Jurisdiction and First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative First MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Loretta Lynch, KAMSING V. LEE, UNITED STATES ATTORNEY'S OFFICE and UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Signed by Magistrate Judge Tim A. Baker on 9/29/2016.(SWM) (Entered: 09/29/2016)
2016-10-2061ORDER ADOPTING REPORT AND RECOMMENDATIONS 60 , 20 Motion to Dismiss for Lack of Jurisdiction. Defendants Motion to Dismiss for Lack of Jurisdiction is granted. Plaintiff is given 21 days to file an amended complaint, if there is a good faith basis for doing so. If Plaintiff does not file an amended complaint within the time allowed, this case will be dismissed with prejudice and final judgment will be entered. Signed by Judge Sarah Evans Barker on 10/20/2016.(CBU) (Entered: 10/21/2016)
2016-11-2962ORDER OF DISMISSAL - On October 20, 2016, The Court adopted the Report and Recommendations of Magistrate Judge Tim A. Baker and granted the Plaintiff 21 days to file an amended complaint if appropriate. [Dkt. No. 61] Noting that Plaintiff has not filed anything in response to the Court's order, the Court hereby dismisses this matter without prejudice. Final judgment shall enter accordingly. Signed by Judge Sarah Evans Barker on 11/29/2016.(CKM) (Entered: 11/30/2016)
2016-11-2963CLOSED JUDGMENT - For the reasons detailed in the accompanying Order, the Court now enters FINAL JUDGMENT. Signed by Judge Sarah Evans Barker on 11/29/2016.(CKM) (Entered: 11/30/2016)
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