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Case TitleKAYE v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00485
Date Filed2016-03-11
Date Closed2016-10-04
JudgeJudge Tanya S. Chutkan
PlaintiffALLEN E. KAYE
Case DescriptionAllen Kaye, an attorney, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the petition filed for alien relative by Sookhia Persaud on behalf of Dhanragie Budhram. Kaye represented Persaud. After hearing nothing from the agency, Kaye filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [9]
FOIA Project Annotation: Judge Tanya Chutkan has dismissed Allen Kaye's lawsuit against U.S. Citizenship and Immigration Services after the agency responded and Kaye failed to file a motion opposing the agency's summary judgment motion. Indicating that in such a situation the government's motion can be considered conceded, Chutkan dismissed Kaye's suit.
Issues: Litigation - Jurisdiction - Moot
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-111COMPLAINT against USCIS ( Filing fee $ 400 receipt number 0090-4444760) filed by ALLEN E KAYE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Piston, Michael) (Entered: 03/11/2016)
2016-03-11Case Assigned to Judge Tanya S. Chutkan. (jd) (Entered: 03/14/2016)
2016-03-142SUMMONS (3) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 03/14/2016)
2016-04-203NOTICE of Appearance by Marsha Wellknown Yee on behalf of UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Yee, Marsha) (Entered: 04/20/2016)
2016-04-204ANSWER to Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Exhibit A)(Yee, Marsha) (Entered: 04/20/2016)
2016-04-21MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 5/9/16. Signed by Judge Tanya S. Chutkan on 4/21/16. (DJS) (Entered: 04/21/2016)
2016-04-21Set/Reset Deadlines: Status Report due by 5/9/2016 (zsm) (Entered: 04/21/2016)
2016-05-095Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Text of Proposed Order (Plaintiff), # 2 Text of Proposed Order (Defendant))(Yee, Marsha) (Entered: 05/09/2016)
2016-05-13MINUTE ORDER. In cases where both parties anticipate filing dispositive motions, the court prefers to receive four briefs, rather than six, according to the following schedule: (i) First Party's Motion; (ii) Second Party's Opposition and Combined Cross-Motion; (iii) First Party's Reply and Combined Opposition ; and (iv) Second Party's Reply. Accordingly, not later than 5/19/16, the parties are hereby ORDERED to provide the court with a proposed briefing schedule matching the above format, and to identify which party will move first. Signed by Judge Tanya S. Chutkan on 5/13/16. (DJS) (Entered: 05/13/2016)
2016-05-13Set/Reset Deadlines: Proposed Briefing Schedule due by 5/19/2016 (zsm) (Entered: 05/13/2016)
2016-05-166PROPOSED BRIEFING SCHEDULE by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 05/16/2016)
2016-05-17MINUTE ORDER: The following briefing schedule shall apply: Plaintiff's Motion for Summary Judgment due July 15, 2016. Defendant's Opposition to Plaintiff's Motion for Summary Judgment and COMBINED Cross-Motion for Summary Judgment due August 15, 2016. Plaintiff's Reply and COMBINED Opposition to Defendant's Cross-Motion for Summary Judgment due September 12, 2016. Defendant's Reply in Further Support of its Cross-Motion for Summary Judgment due October 11, 2016. Signed by Judge Tanya S. Chutkan on 5/17/16. (DJS) (Entered: 05/17/2016)
2016-05-17Set/Reset Deadlines: Summary Judgment motions due by 7/15/2016. Response to Motion for Summary Judgment due by 8/15/2016. Reply to Motion for Summary Judgment due by 9/12/2016. Reply due by 10/11/2016. (zsm) (Entered: 05/17/2016)
2016-08-157MOTION for Extension of Time to File Defendant's Moton for Summary Judgment by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 08/15/2016)
2016-08-18MINUTE ORDER: Granting 7 Motion for Extension of Time to File Motion for Summary Judgment. Defendant's Motion due August 25, 2016. Signed by Judge Tanya S. Chutkan on 8/18/16. (DJS) (Entered: 08/18/2016)
2016-08-18Set/Reset Deadline: Defendant's Summary Judgment motion due by 8/25/2016. (tth) (Entered: 08/18/2016)
2016-08-258MOTION for Summary Judgment by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order)(Yee, Marsha) (Entered: 08/25/2016)
2016-10-049MEMORANDUM AND OPINION: Re Defendant's Motion 8 for Summary Judgment. Signed by Judge Tanya S. Chutkan on 10/4/16. (DJS) (Entered: 10/04/2016)
2016-10-0410ORDER: Granting Defendant's 8 Motion for Summary Judgment and dismissing this action with prejudice. Signed by Judge Tanya S. Chutkan on 10/4/16. (DJS) (Entered: 10/04/2016)
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by FOIA Project Staff
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