Case Detail

FOIA Project Annotation: A federal court in Louisiana has ruled that U.S. Citizenship and Immigration Services properly referred records to U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection in processing a request from immigration attorney Michael Gahagan pertaining to his client, but that none of the components has adequately explained why they withheld certain records. The court rejected "Gahagan's contention that the practice of referral constitutes a per se violation of FOIA when the referred materials are not processed within the FOIA's twenty-day mandate." In this case, the court noted, "there was no significant delay involved in obtaining the records." But the court found that neither ICE nor CBP had explained the reasons for withholding certain records. Turning to USCIS's own processing of Gahagan's request, the court affirmed the ruling in a previous case filed by Gahagan that an agency could not withhold records merely because they were duplicates. Here, the court pointed out that the agency "surely had laudable motives in culling out what it believed to be duplicate documents but if Gahagan wants them the Court can discern no justification for withholding them."
Issues: Search - Referral

FOIA Project Annotation: A third judge in the Eastern District of Louisiana has ruled that immigration attorney Michael Gahagan is not eligible for attorney's fees as a pro se attorney for FOIA requests he filed on behalf of a client. Rejecting Gahagan's request for $23,000 in fees for his challenge to searches made by U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection, Judge Jay Zainey explained that "this Court finds persuasive the thorough opinion recently authored by Judge Feldman in which he concluded that Gahagan could not, as a pro se attorney, recover attorney's fees under the FOIA." However, like Feldman and Chief Judge Englehardt before him, Zainey allowed Gahagan to collect costs, noting that "the Court finds it more likely than not that the lawsuit served as a catalyst to at the very least the earlier record productions. Plaintiff's claim was not insubstantial." Zainey rejected Gahagan's inclusion of $814.50 for the cost of printing the records, observing that he saw "no reason that the printing costs for the various record productions should be foisted upon the Government as a litigation cost." As a result, Zainey reduced Gahagan's costs to $527.
Issues: Litigation - Attorney's fees - Eligibility

Date Filed	Doc #	Docket Text
2015-11-22	1	COMPLAINT against All Defendants (Filing fee $ 400 receipt number 053L-5119612) filed by Michael W. Gahagan. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)Attorney Michael Wayne Gahagan added to party Michael W. Gahagan(pty:pla).(Gahagan, Michael) Modified on 1/22/2016 (ajn). (Entered: 11/22/2015)
2015-11-23	2	Initial Case Assignment to Judge Jay C. Zainey and Magistrate Judge Daniel E. Knowles, III. (jls) (Entered: 11/23/2015)
2015-11-24	3	Summons Issued as to United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(ajn) (Entered: 11/24/2015)
2015-12-07	4	SUMMONS Returned Executed; All Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Gahagan, Michael) (Entered: 12/07/2015)
2015-12-24	5	First MOTION for Summary Judgment by Michael W. Gahagan. Motion(s) will be submitted on 1/13/2016. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Proposed Order, # 8 Notice of Submission)(Gahagan, Michael) (Entered: 12/24/2015)
2015-12-28	6	MOTION for More Definite Statement by United States Citizenship and Immigration Services, United States Customs and Border Protection. Motion referred to Daniel E. Knowles, III. Motion(s) will be submitted on 1/13/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)Attorney Brock Darren Dupre added to party United States Citizenship and Immigration Services(pty:dft), Attorney Brock Darren Dupre added to party United States Customs and Border Protection(pty:dft).(Dupre, Brock) Modified to refer to Mag Judge on 12/29/2015 (cms). (Entered: 12/28/2015)
2015-12-29	7	Correction of Docket Entry by Clerk re 6 MOTION for More Definite Statement ; Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action. (cms) (Entered: 12/29/2015)
2015-12-29	8	EXPARTE/CONSENT MOTION to Continue Defendants' Motion for More Definite Statement by Michael W. Gahagan. Motion(s) referred to Daniel Knowles, III. (Attachments: # 1 Proposed Order, # 2 Notice of Submission, # 3 Exhibit)(Gahagan, Michael) Modified to refer to Mag Judge on 12/30/2015 (cms). (Entered: 12/29/2015)
2015-12-30	9	ORDER Setting Oral Hearing on 6 MOTION for More Definite Statement for 1/13/2016 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 12/30/2015.(caa) (Entered: 12/30/2015)
2015-12-30	10	Correction of Docket Entry by Clerk re 8 MOTION to Continue Defendants' Motion for More Definite Statement ; Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action. (cms) (Entered: 12/30/2015)
2016-01-04	11	MOTION for Status Conference and to Continue Plaintiff's Motion for Summary Judgment by United States Citizenship and Immigration Services, United States Customs and Border Protection. Motion(s) will be submitted on 1/27/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Dupre, Brock) (Entered: 01/04/2016)
2016-01-04	12	EXPARTE/CONSENT MOTION to Expedite Defendants' Motion for Status Conference and to Continue Plaintiff's Motion for Summary Judgment by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 01/04/2016)
2016-01-04	13	ORDER granting 8 MOTION to Continue. ORDERED that the 6 MOTION for More Definite Statement is reset for ORAL HEARING on Wednesday, January 27, 2016 at 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 1/4/2016.(cms) (Entered: 01/04/2016)
2016-01-05	14	RESPONSE/MEMORANDUM in Opposition filed by Michael W. Gahagan re 12 MOTION to Expedite Defendants' Motion for Status Conference and to Continue Plaintiff's Motion for Summary Judgment , 11 MOTION for Status Conference and to Continue Plaintiff's Motion for Summary Judgment MOTION to Continue Plaintiff's Motion for Summary Judgment . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Gahagan, Michael) (Entered: 01/05/2016)
2016-01-05	15	RESPONSE/MEMORANDUM in Opposition filed by United States Citizenship and Immigration Services, United States Customs and Border Protection re 5 First MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 01/05/2016)
2016-01-06	16	ORDER granting 12 MOTION to Expedite. Status Conference set for 1/14/2016 11:15 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 1/5/16.(jrc) (Entered: 01/06/2016)
2016-01-07	17	EXPARTE/CONSENT MOTION for Entry of Default as to All Defendants by Michael W. Gahagan. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order)(Gahagan, Michael) (Entered: 01/07/2016)
2016-01-07	18	ORDER denying 17 Motion for Entry of Default. Signed by Clerk. (jrc) (Entered: 01/07/2016)
2016-01-07	19	EXPARTE/CONSENT First MOTION for Reconsideration re 18 Order on Motion for Entry of Default ; by the Clerk of Court by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Statement of Contested/Uncontested Facts, # 3 Memorandum in Support)(Gahagan, Michael) (Entered: 01/07/2016)
2016-01-07	20	EXPARTE/CONSENT MOTION for More Definite Statement by Michael W. Gahagan. (Gahagan, Michael) (Entered: 01/07/2016)
2016-01-08	21	RESPONSE/MEMORANDUM in Opposition filed by United States Citizenship and Immigration Services, United States Customs and Border Protection re 19 First MOTION for Reconsideration re 18 Order on Motion for Entry of Default ; by the Clerk of Court . (Dupre, Brock) (Entered: 01/08/2016)
2016-01-11	22	ORDER granting 20 Motion for Clarification. Signed by Judge Jay C. Zainey on 1/8/2016. (bwn) (Entered: 01/11/2016)
2016-01-14	24	Minute Entry for proceedings held before Judge Jay C. Zainey. Status Conference held on 1/14/2016, denying, 19 MOTION for Reconsideration, withdrawing 6 MOTION for More Definite Statement. Answer due 1/29/16. The Clerk of Court is instructed to restrict access for Rec. Docs. 15-1 and 15-2. (jrc) (Entered: 01/20/2016)
2016-01-19	23	RESPONSE/MEMORANDUM in Opposition filed by Michael W. Gahagan re 6 MOTION for More Definite Statement . (Attachments: # 1 Proposed Order)(Gahagan, Michael) (Entered: 01/19/2016)
2016-01-29	25	ANSWER to 1 Complaint, by United States Citizenship and Immigration Services, United States Customs and Border Protection.(Dupre, Brock) (Entered: 01/29/2016)
2016-01-29	27	EXPARTE/CONSENT MOTION for Leave to File Documents Under Seal by United States Citizenship and Immigration Services, United States Customs and Border Protection. (bwn) (Entered: 02/01/2016)
2016-01-31	26	REPLY to Response to Motion filed by Michael W. Gahagan re 5 First MOTION for Summary Judgment . (Gahagan, Michael) (Entered: 01/31/2016)
2016-02-01	28	ORDER granting 27 Motion for Leave to File Documents Under Seal. Signed by Judge Jay C. Zainey. (bwn) (Entered: 02/01/2016)
2016-02-01	29	RESPONSE/MEMORANDUM in Opposition filed by USA re 5 MOTION for Summary Judgment. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (bwn) (Entered: 02/01/2016)
2016-03-01	30	EXPARTE/CONSENT MOTION for Leave to File Documents Under Seal by United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 03/01/2016)
2016-03-02	31	RESPONSE/MEMORANDUM in Opposition filed by Michael W. Gahagan re 30 MOTION for Leave to File Documents Under Seal Due to Local Rule 7.5 Violation . (Attachments: # 1 Proposed Order, # 2 Exhibit)(Gahagan, Michael) (Entered: 03/02/2016)
2016-03-03	32	ORDER granting 30 Motion for Leave to File Supplemental Memo Under Seal. Signed by Judge Jay C. Zainey on 3/2/16. (jrc) (Entered: 03/03/2016)
2016-03-03	33	SUPPLEMENTAL OPPOSITION filed by defendants to 4 Motion for Summary Judgment. (Attachments: # 1 Exh A part 1, # 2 Exh A part 2, # 3 Exh B & C) (jrc) (Entered: 03/03/2016)
2016-03-10	34	MOTION for Reconsideration re 32 Order on Motion for Leave to File ; by Michael W. Gahagan. Motion(s) will be submitted on 4/6/2016. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) Modified text on 3/11/2016 (ajn). (Entered: 03/10/2016)
2016-03-29	35	RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 34 MOTION for Reconsideration re 32 Order on Motion for Leave to File ; . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 03/29/2016)
2016-03-30	36	EXPARTE/CONSENT MOTION for Leave to File Reply by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Gahagan, Michael) (Entered: 03/30/2016)
2016-03-31	37	ORDER granting 36 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 3/31/2016. (lag) (Entered: 03/31/2016)
2016-03-31	38	REPLY to Response to Motion filed by Michael W. Gahagan re 34 MOTION for Reconsideration re 32 Order on Motion for Leave to File ; . (lag) (Entered: 03/31/2016)
2016-05-02	39	ORDER denying 34 Motion for Reconsideration ; finding as moot 5 Motion for Summary Judgment. Signed by Judge Jay C. Zainey on 4/29/16. (jrc) (Entered: 05/02/2016)
2016-05-04	40	NOTICE Scheduling Conference set for 5/27/2016 10:30 AM before case manager by telephone. By Clerk. (jrc) (Entered: 05/04/2016)
2016-05-27	41	SCHEDULING ORDER: Final Pretrial Conference set for 1/5/2017 10:00 AM before Judge Jay C. Zainey. Bench Trial set for 1/23/2017 10:00 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey. (Attachments: # 1 Pretrial Notice Form)(jrc) (Entered: 05/27/2016)
2016-05-29	42	Second MOTION for Summary Judgment by Michael W. Gahagan. Motion(s) will be submitted on 6/15/2016. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission, # 5 Exhibit)(Gahagan, Michael) (Additional attachment(s) added on 6/1/2016: # 6 Sealed Exhibit 15) (jrc). (Entered: 05/29/2016)
2016-05-29	43	EXPARTE/CONSENT MOTION to Seal Document 42 Second MOTION for Summary Judgment by Michael W. Gahagan. (Attachments: # 1 Proposed Order)(Gahagan, Michael) Modified on 5/31/2016 (mmv). (Additional attachment(s) added on 6/1/2016: # 2 Proposed Pleading) (bwn). (Entered: 05/29/2016)
2016-06-01	44	ORDER granting 43 Motion to Seal Document. Signed by Judge Jay C. Zainey. (jrc) (Entered: 06/01/2016)
2016-06-02	45	EXPARTE/CONSENT MOTION to Continue Plaintiff's Second Motion for Summary Judgment by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Dupre, Brock) (Entered: 06/02/2016)
2016-06-03	46	ORDER granting 45 MOTION to Continue. ORDER resetting submission on 42 Second MOTION for Summary Judgment; Motion will be submitted on 6/29/2016. Signed by Judge Jay C. Zainey.(jrc) (Entered: 06/03/2016)
2016-06-21	47	EXPARTE/CONSENT MOTION for Leave to File Defendants' Opposition to Plaintiff's Second Motion for Summary Judgment Under Seal by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Dupre, Brock) Modified on 6/22/2016 (cg). (Additional attachment(s) added on 6/22/2016: # 2 Proposed Pleading, # 3 Proposed Statement of Facts, # 4 Proposed Ex. A, # 5 Proposed Ex. B, # 6 Proposed Ex. C, # 7 Prposed Ex. D) (cg). (Entered: 06/21/2016)
2016-06-23	48	ORDER granting 47 Motion for Leave to File Defendants' Opposition to Plaintiff's Second Motion for Summary Judgment Under Seal. Signed by Judge Jay C. Zainey on 6/22/16. (cg) (Entered: 06/23/2016)
2016-06-23	49	SEALED Opposition to Plaintiff's Second Motion for Summary Judgment filed by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (cg) (Entered: 06/23/2016)
2016-06-28	50	MOTION for Leave to File REPLY to Response to Motion filed by Michael W. Gahagan re 47 Defendants' Opposition to Plaintiff's Second Motion for Summary Judgment , 42 Second MOTION for Summary Judgment . (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Gahagan, Michael) Modified on 6/29/2016 (cg). (Entered: 06/28/2016)
2016-06-30	51	ORDER granting 50 Motion for Leave to File. Signed by Judge Jay C. Zainey on 6/29/16. (jrc) (Entered: 06/30/2016)
2016-06-30	52	REPLY filed by Michael W. Gahagan re 42 Second MOTION for Summary Judgment . (jrc) (Entered: 06/30/2016)
2016-08-19	53	ORDER granting in part and denying in part 42 Motion for Summary Judgment. Signed by Judge Jay C. Zainey. (jrc) (Entered: 08/19/2016)
2016-08-22	54	EXPARTE/CONSENT MOTION Motion for Clarification on Order and Reasons by Michael W. Gahagan. (Gahagan, Michael) (Additional attachment(s) added on 8/23/2016: # 1 Proposed Order) (ajn). (Entered: 08/22/2016)
2016-09-07	55	ORDER granting 54 Motion for Clarification of Judicial Order. Signed by Judge Jay C. Zainey on 9/7/2016. (ajn) (Entered: 09/08/2016)
2016-09-09	56	EXPARTE/CONSENT MOTION to Seal Document Federal Defendant's Response to the Court's Order Dated August 19, 2016 by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 09/09/2016)
2016-09-12	57	ORDER granting 56 MOTION to Seal Document Federal Defendant's Response to the Court's Order Dated August 19, 2016 . Signed by Judge Jay C. Zainey on 9/12/2016. (ajn) (Entered: 09/12/2016)
2016-09-27	58	EXPARTE/CONSENT MOTION to Seal Document by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 09/27/2016)
2016-09-28	59	ORDER granting 58 Motion to Seal Document. Signed by Judge Jay C. Zainey on 9/28/2016. (ajn) (Entered: 09/28/2016)
2016-11-04	60	Witness and Exhibit List by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Dupre, Brock) (Entered: 11/04/2016)
2016-11-04	61	Witness and Exhibit List by Michael W. Gahagan. (Gahagan, Michael) (Entered: 11/04/2016)
2016-11-11	62	Third MOTION for Summary Judgment by Michael W. Gahagan. Motion(s) will be submitted on 11/30/2016. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Notice of Submission, # 4 Proposed Order, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Gahagan, Michael) (Entered: 11/11/2016)
2016-11-15	63	MOTION for Summary Judgment by United States Citizenship and Immigration Services, United States Customs and Border Protection. Motion(s) will be submitted on 11/30/2016. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Notice of Submission)(Dupre, Brock) Modified text to include submission date on 11/17/2016 (ajn). (Entered: 11/15/2016)
2016-11-19	64	RESPONSE/MEMORANDUM in Opposition filed by Michael W. Gahagan re 63 MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order)(Gahagan, Michael) (Entered: 11/19/2016)
2016-11-22	65	RESPONSE/MEMORANDUM in Opposition filed by United States Citizenship and Immigration Services, United States Customs and Border Protection re 62 Third MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 11/22/2016)
2016-11-28	66	EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiff's Third Motion for Summary Judgment by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support)(Gahagan, Michael) (Entered: 11/28/2016)
2016-11-30	67	ORDER granting 66 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 11/29/2016. (ajn) (Entered: 11/30/2016)
2016-11-30	68	REPLY to Response to Motion filed by Michael W. Gahagan re 62 Third MOTION for Summary Judgment. (ajn) (Entered: 11/30/2016)
2016-11-30	69	EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Their Motion for Summary Judgment by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A)(Dupre, Brock) (Entered: 11/30/2016)
2016-12-01	70	ORDER granting 69 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 12/1/2016. (ajn) (Entered: 12/01/2016)
2016-12-01	71	REPLY filed by United States Citizenship and Immigration Services, United States Customs and Border Protection re 63 MOTION for Summary Judgment. (Attachments: # 1 Exhibit A)(ajn) (Entered: 12/01/2016)
2017-01-04	72	ORDER SETTING TELEPHONE CONFERENCE: IT IS ORDERED that the pretrial conference set for 1/5/2017 is CANCELLED. IT IS FURTHER ORDERED that a status conference with the Court BY TELEPHONE is SET for 1/10/2017 at 5:30 p.m. The Court will initiate the call. Signed by Judge Jay C. Zainey on 1/3/2017.(ajn) (Entered: 01/04/2017)
2017-01-11	73	ORDER - IT IS ORDERED that the Trial set for 1/23/2017 is CANCELLED. IT IS FURTHER ORDERED that counsel for the parties shall contact Magistrate Judge van Meerveld for the purpose of scheduling a settlement conference. Signed by Judge Jay C. Zainey on 1/11/2017. (NEF: Magistrate Judge van Meerveld) (ajn) (Entered: 01/12/2017)
2017-01-12	74	ORDER - Telephone Status Conference set for 1/18/2017 09:00 AM before Magistrate Judge Janis van Meerveld as stated within document. Signed by Magistrate Judge Janis van Meerveld.(gec) (Entered: 01/12/2017)
2017-01-18	75	Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Status Conference held on 1/18/2017. A settlement conference with the undersigned Magistrate Judge will be held on February 7, 2017, at 9:00 a.m. (gec) (Entered: 01/19/2017)
2017-01-18	76	ORDER - Settlement Conference set for 2/7/2017 09:00 AM before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld.(gec) (Entered: 01/19/2017)
2017-02-06	77	ORDER CANCELLING SETTLEMENT CONFERENCE. At the request of Plaintiff, the settlement conference set for February 7, 2017 at 9:00 a.m. is CANCELLED. The parties may contact the undersigned Magistrate Judge to reschedule the settlement conference at any time. Signed by Magistrate Judge Janis van Meerveld.(gec) (Entered: 02/07/2017)
2017-05-16	78	MOTION for Leave to File Plaintiff's Fourth Motion for Summary Judgment by Michael W. Gahagan. Motion(s) will be submitted on 5/31/2017. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Statement of Contested/Uncontested Facts, # 4 Memorandum in Support, # 5 Proposed Order, # 6 Notice of Submission)(Gahagan, Michael) Modified text on 5/17/2017 and added submission date (ajn). (Additional attachment(s) added on 5/18/2017: # 7 Exhibit 25) (ajn). (Entered: 05/16/2017)
2017-05-16	79	EXPARTE/CONSENT MOTION to Seal Document 78 MOTION for Leave to File Plaintiff's Fourth Motion for Summary Judgment by Michael W. Gahagan. (Attachments: # 1 Proposed Order)(Gahagan, Michael) (Entered: 05/16/2017)
2017-05-18	80	ORDER granting 79 Motion to Seal Document. Signed by Judge Jay C. Zainey on 5/17/2017. (ajn) (Entered: 05/18/2017)
2017-05-22	81	ORDER granting 78 Motion for Leave to File Fourth Motion forSummary Judgment. The motion for summary judgment will be scheduled for submission on June 14, 2017, on the briefs. Signed by Judge Jay C. Zainey on 5/22/2017. (cg) (Entered: 05/22/2017)
2017-05-22	82	MOTION for Summary Judgment by Michael W. Gahagan. Motion(s) will be submitted on 6/14/2017. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Notice of Submission, # 4 Proposed Order)(cg) (Entered: 05/22/2017)
2017-05-26	83	Federal Defendant's Response to Court order of 9/7/16. (jrc) (Entered: 05/26/2017)
2017-05-30	84	Federal Defendant's Response to Court Order of 8/19/16. MANUAL ATTACHMENT OF EXHIBITS to this document received by the Clerk. PDF could not be loaded in CMECF. (jrc) (Entered: 05/30/2017)
2017-05-31	85	ORDER denying in part and deferring in part 62 Third MOTION for Summary Judgment filed by Michael W. Gahagan; ORDER dismissing as premature 63 MOTION for Summary Judgment filed by United States Customs and Border Protection, United States Citizenship and Immigration Services. Signed by Judge Jay C. Zainey.(jrc) (Entered: 05/31/2017)
2017-06-06	86	RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 82 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Additional attachment(s) added on 6/8/2017: # 3 Exhibit B-Sealed) (cg). (Entered: 06/06/2017)
2017-06-06	87	EXPARTE/CONSENT MOTION to Seal Document 86 Response/Memorandum in Opposition to Motion Exhibit B by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 06/06/2017)
2017-06-06	88	EXPARTE/CONSENT MOTION for Leave to File Declarations Under Seal, Ex Parte and In Camera in Opposition to Plaintiff's Fourth Motion for Summary Judgment by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 06/06/2017)
2017-06-08	89	ORDER granting 87 Motion to Seal Exhibit B to its opposition to plaintiff's fourth motion for summary judgment. Signed by Judge Jay C. Zainey on 6/7/2017. (cg) (Entered: 06/08/2017)
2017-06-08	90	ORDER granting 88 Motion for Leave to submit declarations under seal, ex parte and in camera in opposition to plaintiff's fourth motion for summary judgment. The Court will coordinate with the Department of Justice Classified Information Security to obtain copies of the declarations for the Court's in camera, ex parte review. Signed by Judge Jay C. Zainey on 6/7/2017. (cg) (Entered: 06/08/2017)
2017-06-08	91	Filed in Error--Attached to Rec Doc. 86, Exhibit B (cg) Modified on 6/8/2017 (cg). (Entered: 06/08/2017)
2017-06-10	92	MOTION to Strike Ex Parte Declaration by Michael W. Gahagan. Motion(s) will be submitted on 6/28/2017. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 06/10/2017)
2017-06-13	93	ORDER denying 62 Third Motion for Summary Judgment as stated herein. Signed by Judge Jay C. Zainey on 6/12/2017. (cg) (Entered: 06/13/2017)
2017-06-20	94	RESPONSE/MEMORANDUM in Opposition filed by United States Citizenship and Immigration Services, United States Customs and Border Protection re 92 MOTION to Strike Ex Parte Declaration . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 06/20/2017)
2017-06-27	95	ORDER denying 92 Motion to Strike Exparte Declaration. Signed by Judge Jay C. Zainey on 6/27/2017. (ajn) (Entered: 06/28/2017)
2017-07-25	96	ORDER AND REASONS: IT IS ORDERED that the 82 Fourth Motion for Summary Judgment filed by plaintiff Michael Gahagan is DENIED. Signed by Judge Jay C. Zainey on 7/24/2017. (ajn) (Entered: 07/25/2017)
2017-09-25	97	ORDER: IT IS ORDERED that on or before October 17, 2017, Plaintiff shall file a motion requesting whatever additional relief that he seeks in this case. Any dispositive motion by the Government shall be filed by that same date. Motions shall be noticed for submission on November 1, 2017. Signed by Judge Jay C. Zainey on 9/25/2017.(ajn) (Entered: 09/26/2017)
2017-10-17	98	Second MOTION for Summary Judgment by United States Citizenship and Immigration Services, United States Customs and Border Protection. Motion(s) will be submitted on 11/1/2017. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Notice of Submission)(Dupre, Brock) (Entered: 10/17/2017)
2017-10-17	99	Fifth MOTION for Summary Judgment by Michael W. Gahagan. Motion(s) will be submitted on 11/1/2017. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 10/17/2017)
2017-10-24	100	RESPONSE/MEMORANDUM in Opposition filed by United States Citizenship and Immigration Services, United States Customs and Border Protection re 99 Fifth MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 10/24/2017)
2017-10-24	101	RESPONSE/MEMORANDUM in Opposition filed by Michael W. Gahagan re 98 Second MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order)(Gahagan, Michael) (Entered: 10/24/2017)
2017-10-30	102	EXPARTE/CONSENT MOTION for Leave to File to File Reply by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support)(Gahagan, Michael) (Entered: 10/30/2017)
2017-10-31	103	EXPARTE/CONSENT MOTION for Leave to File Defendants' Reply in Support of their Second Motion for Summary Judgment by United States Citizenship and Immigration Services, United States Customs and Border Protection. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Dupre, Brock) (Entered: 10/31/2017)
2017-11-01	104	ORDER granting 102 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 11/1/2017. (ajn) (Entered: 11/01/2017)
2017-11-01	105	REPLY to Response to Motion filed by Michael W. Gahagan re 99 Fifth MOTION for Summary Judgment. (ajn) (Entered: 11/01/2017)
2017-11-01	106	ORDER granting 103 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 11/1/2017. (ajn) (Entered: 11/01/2017)
2017-11-01	107	REPLY MEMORANDUM in Support filed by United States Citizenship and Immigration Services, United States Customs and Border Protection re 98 Second MOTION for Summary Judgment. (ajn) (Entered: 11/01/2017)
2017-11-02	108	ORDER AND REASONS: IT IS ORDERED that 99 Fifth Motion for Summary Judgment is DENIED; IT IS FURTHER ORDERED that 98 Second Motion for Summary Judgment is GRANTED. Entry of a final judgment is appropriate. Signed by Judge Jay C. Zainey on 11/2/2017. (ajn) (Entered: 11/03/2017)
2017-11-03	109	JUDGMENT entered in favor of United States Citizenship and Immigration Services, United States Customs and Border Protection against Michael W. Gahagan. IT IS ORDERED, ADJUDGED AND DECREED that all claims in this matter are dismissed with prejudice. Signed by Judge Jay C. Zainey on 11/3/2017.(ajn) (Entered: 11/06/2017)
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