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Case TitleJaboro et al v. United States Department of Homeland Security et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2016cv01297
Date Filed2016-05-31
Date Closed2017-03-10
JudgeJudge Cathy Ann Bencivengo
PlaintiffJulius Jaboro
PlaintiffLilyan Alsaka
Case DescriptionLilyan Alsaka submitted a FOIA request through her attorney, Julius Jaboro, to U.S. Citizenship and Immigration Services for her alien file to help understand why Alsaka, an Iraqi Christian, had been denied refugee status. The agency provided only three pages and Alsaka filed an administrative appeal challenging the delay. The agency sent the case back for processing, but after hearing further from the agency, Jaboro and Alsaka filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Citizenship and Immigration Services
DefendantUnited States Department of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-311COMPLAINT against United States Citizenship and Immigration Services, United States Department of Homeland Security ( Filing fee $ 400 receipt number 0974-9107916.), filed by Julius Jaboro, Lilyan Alsaka. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibits) The new case number is 3:16-cv-1297-W-JLB. Judge Thomas J. Whelan and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Rosche, Danielle)(fth) (sjt). (Entered: 06/01/2016)
2016-06-012Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth) (Entered: 06/01/2016)
2016-06-133MINUTE ORDER OF TRANSFER. Judge Thomas J. Whelan is no longer assigned. Case reassigned to Judge Cathy Ann Bencivengo for all further proceedings. The new case number is 16cv1297-CAB-JLB.(no document attached) (fth) (Entered: 06/13/2016)
2016-08-014ANSWER to 1 Complaint, by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Prime, Caroline)Attorney Caroline Jane Clark Prime added to party United States Citizenship and Immigration Services(pty:dft), Attorney Caroline Jane Clark Prime added to party United States Department of Homeland Security(pty:dft) (cxl). (Entered: 08/01/2016)
2016-08-015NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 8/22/2016 at 09:30 AM before Magistrate Judge Jill L. Burkhardt. In the event the case does not settle at the ENE, a Case Management Conference pursuant to Fed. R. Civ. P. 16(b) is SET for August 22, 2016 and will be held at the conclusion of the ENE Conference. Signed by Magistrate Judge Jill L. Burkhardt on 8/1/2016.(cxl) (Entered: 08/02/2016)
2016-08-126Joint MOTION to Excuse Appearance of Plaintiff Alsaka at Early Neutral Evaluation, by Lilyan Alsaka. (Rosche, Danielle) (Entered: 08/12/2016)
2016-08-127Joint MOTION to Excuse Appearance of Attorney Rosche at Early Neutral Evaluation, by Julius Jaboro. (Rosche, Danielle) (Entered: 08/12/2016)
2016-08-128MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Joint Motion to Waive Presence of Plaintiff Alsaka (ECF No. 6 ) is GRANTED. Plaintiff Alsaka's principal attorneys are responsible for ensuring that Plaintiff Alsaka may be reached by telephone should the need arise during the ENE conference. The Joint Motion to Allow Telephonic Appearance of attorney Danielle E. Rosche is GRANTED (ECF No. 7 ). For purposes of the ENE conference, Ms. Rosche shall place a call to Magistrate Judge Jill L. Burkhardt's chambers at 9:30 AM on 8/22/2016. This order does not otherwise alter the personal appearance requirements for the ENE conference. (See ECF No. 5 ). (no document attached) (smm) (Entered: 08/12/2016)
2016-08-159REPORT of Rule 26(f) Planning Meeting. (Rosche, Danielle)(cxl). (Entered: 08/15/2016)
2016-08-2210Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation Conference held on 8/22/2016. The case did not settle. Case Management Conference held on 8/22/2016. Order to follow. (Plaintiff Attorney Danielle Elyse Rosche (by telephone)). (Defendant Attorney Caroline Jane Clark Prime (in person)). (no document attached) (smm) (Entered: 08/22/2016)
2016-08-2211Scheduling Order Following Case Management Conference. Case Management Conference held on 8/22/2016. Signed by Magistrate Judge Jill L. Burkhardt on 8/22/2016.(acc) (Entered: 08/23/2016)
2016-09-1212(FIRST) AMENDED COMPLAINT against All Defendants, filed by Lilyan Alsaka. (Attachments: # 1 Exhibit)New Summons Requested. (Rosche, Danielle) (cxl). (Entered: 09/12/2016)
2016-09-1313Summons Issued re First Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxl) (Entered: 09/13/2016)
2016-09-2614DHS and USCIS ANSWER to 12 Amended Complaint by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Prime, Caroline) (cxl). (Entered: 09/26/2016)
2016-10-1915ANSWER to 12 Amended Complaint by United States Department of State. (Attachments: # 1 Proof of Service)(Prime, Caroline)Attorney Caroline Jane Clark Prime added to party United States Department of State(pty:dft) (cxl). (Entered: 10/19/2016)
2016-10-2416MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Court hereby SETS a telephonic, counsel-only Status Conference for Friday, 10/28/2016, at 11:00 AM before Magistrate Judge Jill L. Burkhardt. For purposes of the Conference, all participating counsel shall place a single joint call to Judge Burkhardt's chambers. (no document attached) (smm) (Entered: 10/24/2016)
2016-10-2817Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Status Conference held on 10/28/2016. Scheduling order to follow. (Plaintiff Attorney Danielle Elyse Rosche). (Defendant Attorney Katherine Lind Parker). (no document attached) (smm) (Entered: 10/28/2016)
2016-10-2818Amended Scheduling Order Following Status Conference (ECF No. 11 , 17 ). The deadline for Defendants to file any motion for summary judgment before District Judge Cathy Ann Bencivengo is RESET to December 8, 2016. Signed by Magistrate Judge Jill L. Burkhardt on 10/28/2016.(cxl) (Entered: 10/28/2016)
2016-11-2819Ex Parte MOTION for Extension of Time to File Motion for Summary Judgment by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of State. (Attachments: # 1 Declaration of Eric F. Stein, # 2 Declaration of Katherine Parker, # 3 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party United States Citizenship and Immigration Services(pty:dft), Attorney Katherine Lind Parker added to party United States Department of Homeland Security(pty:dft), Attorney Katherine Lind Parker added to party United States Department of State(pty:dft) (jjg). (Entered: 11/28/2016)
2016-12-0120Order Granting 19 Extension of Time to File Motion for Summary Judgment. Defendants shall have until 01/20/2017 to file their motion for summary judgment. Signed by Judge Cathy Ann Bencivengo on 12/01/2016. (jjg) (Entered: 12/01/2016)
2017-01-1921Ex Parte MOTION to Continue Summary Judgment Deadline by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of State. (Attachments: # 1 Declaration of Katherine L. Parker, # 2 Proof of Service)(Parker, Katherine) (jjg). (Entered: 01/19/2017)
2017-01-2022ORDER Granting 21 Ex Parte Application to Extend Time For Filing of Defendant's Motion for Summary Judgment. Signed by Judge Cathy Ann Bencivengo on 1/20/2017. (jjg) (Entered: 01/20/2017)
2017-02-2123NOTICE of Settlement by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of State (Attachments: # 1 Proof of Service)(Parker, Katherine) (jjg). (Entered: 02/21/2017)
2017-02-2124MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Defendants filed a Notice of Settlement in this case on 2/21/2017 (ECF No. 23 ). A joint motion for dismissal shall be electronically filed on or before 3/17/2017. On the same day the joint motion for dismissal is filed, the proposed order for dismissal, for the signature of the Honorable Cathy Ann Bencivengo, shall be emailed to the chambers of the Honorable Cathy Ann Bencivengo. A telephonic, counsel only, Settlement Disposition Conference is SET for Tuesday, 3/21/2017, at 11:00 AM before Magistrate Judge Jill L. Burkhardt. Counsel shall place a joint call to Judge Burkhardt's chambers for purposes of the Conference. However, if a joint motion for dismissal and proposed order for dismissal are received on or before 3/17/2017, the Settlement Disposition Conference shall be vacated without further court order. (no document attached) (smm) (Entered: 02/21/2017)
2017-03-1025Joint MOTION to Dismiss with prejudice by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of State. (Attachments: # 1 Proof of Service)(Parker, Katherine) (jjg). (Entered: 03/10/2017)
2017-03-1026MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: In light of the pending joint motion to dismiss, the Court confirms that the 3/21/2017 telephonic settlement disposition conference is VACATED. (no document attached) (smm) (Entered: 03/10/2017)
2017-03-1027ORDER Granting 25 Joint Motion to Dismiss. Signed by Judge Cathy Ann Bencivengo on 3/10/2017. (jjg) (Entered: 03/10/2017)
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by FOIA Project Staff
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