Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that Rene Morales is not entitled to a preliminary injunction requiring the Department of State and the Department of Homeland Security to immediately process a FOIA request submitted by Rene Morales and Estela Villa Linares for records concerning Linares' visa application because the plaintiffs have not shown a likelihood of success. Morales and Linares were married, but living apart because Linares had been unable to obtain a visa to enter the United States from Mexico. The two submitted a FOIA request to State and U.S. Citizenship and Immigration Services for records concerning Linares' visa application. Noting that Morales and Linares had not asked for expedited processing when they submitted their FOIA request, Kollar-Kotelly observed that "Plaintiffs argue that they will suffer irreparable harm in the absence of injunctive relief because they will be denied the opportunity to live together as a married couple. But by Plaintiffs' own calculation, they have already suffered this injury for approximately seven years. Moreover, there is no clear causal connection between Plaintiffs' obtaining Linares' immigration records and Linares being allowed to enter the United States. Plaintiffs may be arguing that once they have Linares' papers, they could mount an effective challenge to the decision to deny her a visa, but they fall far short of demonstrating that this outcome is 'certain,' as opposed to 'theoretical.' Moreover, as Plaintiffs concede, they did not ask for expedited processing of their FOIA request from the agencies at issue. Plaintiffs' characterization of their request in this case as an 'emergency' is accordingly placed in doubt." Finding the plaintiffs had not shown a likelihood of success, Kollar-Kotelly pointed out that "Plaintiffs are in effect asking that the Government expend resources to quickly process their personal records for personal reasons, before processing the records of other requesters. Granting the type of request made by Plaintiffs would harm others waiting for their FOIA requests to be processed, and would erode the proper functioning of the FOIA system."
Issues: Litigation - Jurisdiction - Injunction

Date Filed	Doc #	Docket Text
2016-06-27	1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0090-4582291) filed by Rene Morales, Estela Villa Linares. (Attachments: # 1 Affidavit, # 2 Civil Cover Sheet)(Rathi, Roger) Modified on 6/28/2016 (jd). (Entered: 06/27/2016)
2016-06-27	2	Emergency MOTION for Order to Immediately Process FOIA Request by Rene Morales, Estela Villa Linares (Rathi, Roger) (Entered: 06/27/2016)
2016-06-27		Case Assigned to Judge Colleen Kollar-Kotelly. (jd) (Entered: 06/27/2016)
2016-06-27	3	ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on June 27, 2016. (NS) (Entered: 06/27/2016)
2016-06-27		MINUTE ORDER (PAPERLESS). The Court is in receipt of Plaintiff's 1 Complaint and 2 Emergency Motion for Order to Immediately Process FOIA Request. Before the Court may order a schedule for Defendants to respond to Plaintiff's filings, Plaintiff must have served the Complaint and Emergency Motion on Defendants. However, there is nothing in Plaintiff's filings indicating that they have served the filings on Defendants. In light of the foregoing, it is hereby ORDERED that Plaintiff shall file a Notice by Close of Business on THURSDAY, JUNE 30, 2016, indicating whether they have served Defendants with said filings, and if not, whether Plaintiffs intend to pursue expedited means to serve Defendants. Signed by Judge Colleen Kollar-Kotelly on 6/27/2016. (lcckk1) (Entered: 06/27/2016)
2016-06-27		Set/Reset Deadlines: Time to effectuate service upon Defendants due by 6/30/2016. (dot) (Entered: 06/28/2016)
2016-06-28		SUMMONS Not Issued as to SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE (jd) (Entered: 06/28/2016)
2016-06-28	4	ERRATA Case Caption by RENE MORALES, ESTELA VILLA LINARES 1 Cover Sheet, Complaint,, filed by ESTELA VILLA LINARES, RENE MORALES. (Rathi, Roger) (Entered: 06/28/2016)
2016-06-28	5	ENTERED IN ERROR.....ERRATA Summons by RENE MORALES, ESTELA VILLA LINARES 1 Cover Sheet, Complaint,, filed by ESTELA VILLA LINARES, RENE MORALES. (Rathi, Roger) Modified on 6/29/2016 (znmw). (Entered: 06/28/2016)
2016-06-28	6	ENTERED IN ERROR.....ERRATA Corrected Summons by RENE MORALES, ESTELA VILLA LINARES 1 Cover Sheet, Complaint,, filed by ESTELA VILLA LINARES, RENE MORALES. (Rathi, Roger) Modified on 6/29/2016 (znmw). (Entered: 06/28/2016)
2016-06-29		NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 5 Errata and 6 Errata were entered in error; Each summons must contain only one named defendant to be served; Counsel is instructed to refile corrected summonses. (znmw) (Entered: 06/29/2016)
2016-06-29	7	ERRATA Corrected Summons by RENE MORALES, ESTELA VILLA LINARES 1 Cover Sheet, Complaint,, filed by ESTELA VILLA LINARES, RENE MORALES. (Attachments: # 1 Summons)(Rathi, Roger) (Entered: 06/29/2016)
2016-06-30	8	SUMMONS (2) Issued Electronically as to SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE. (znmw) (Entered: 06/30/2016)
2016-06-30	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/30/2016 (Rathi, Roger) (Entered: 06/30/2016)
2016-06-30	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SECRETARY, U.S. DEPARTMENT OF STATE served on 6/30/2016 (Rathi, Roger) (Entered: 06/30/2016)
2016-07-07	11	MINUTE ORDER (Paperless). Upon review of the public docket, it appears that Plaintiffs have served copies of the summons and complaint on representatives at the U.S. Department of State and the U.S. Department of Homeland Security; however, there is no record of Plaintiffs having served the United States pursuant to Federal Rule of Civil Procedure 4(i)(1) and 4(i)(2). Until Plaintiffs properly serve the United States pursuant to Rule 4(i), Defendants shall not be required to answer, or otherwise provide a response to, Plaintiffs' 1 Complaint and Plaintiffs' 2 Emergency Motion for Order to Immediately Process FOIA Request. Signed by Judge Colleen Kollar-Kotelly on 7/7/2016. (lcckk1) (Entered: 07/07/2016)
2016-07-08	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/8/2016. (Attachments: # 1 Proof of Service)(Rathi, Roger) (Entered: 07/08/2016)
2016-07-08	13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/8/2016. Answer due for ALL FEDERAL DEFENDANTS by 8/7/2016. (Attachments: # 1 Proof of Service)(Rathi, Roger) (Entered: 07/08/2016)
2016-07-14	14	Consent MOTION for Extension of Time to File Response/Reply as to 2 Emergency MOTION for Order to Immediately Process FOIA Request by SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 07/14/2016)
2016-07-15		MINUTE ORDER granting Defendants' 14 Consent Motion for Extension of Time to File Response. Upon review of Defendants' consent motion, the Court finds that there is good cause to extend the deadlines in this action. Accordingly, it is hereby ORDERED that the Court shall GRANT Defendants' 14 Consent Motion for Extension of Time. It is FURTHER ORDERED that Defendants shall file their response to Plaintiffs' 1 Complaint and Plaintiffs' 2 Emergency Motion for Order to Immediately Process FOIA Request by no later than AUGUST 8, 2016. Signed by Judge Colleen Kollar-Kotelly on 7/15/2016. (lcckk1) (Entered: 07/15/2016)
2016-07-15		Set/Reset Deadlines: Defendants shall file their response to Plaintiffs' 1 Complaint and Plaintiffs' 2 Emergency Motion for Order to Immediately Process FOIA Request by no later than 8/8/2016. (kt) (Entered: 07/15/2016)
2016-07-15		Set/Reset Deadlines: Answer due by 8/8/2016 and Response to 2 due by 8/8/2016. (dot) (Entered: 07/19/2016)
2016-07-28	15	Consent MOTION for Extension of Time to File Answer re 1 Cover Sheet, Complaint,, , Consent MOTION for Extension of Time to File Response/Reply as to 2 Emergency MOTION for Order to Immediately Process FOIA Request by SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 07/28/2016)
2016-07-28		MINUTE ORDER. The Court is in receipt of Defendants' 15 Consent Motion for an Extension of Time to File an Answer / Response. Defendants' motion indicates that Defendants have confirmed to Plaintiffs that one of the federal agencies at issue in this case, USCIS, does not have any responsive documents subject to FOIA, and that Defendants are shifting their focus to determine whether the State Department has responsive documents subject to FOIA. Defendants have requested an extension of 3 weeks to complete this investigation. In light of the foregoing, the Court finds that there is good cause to grant the requested extension. Accordingly, it is hereby ORDERED that Defendants' 15 Consent Motion for an Extension of Time is GRANTED. Defendants shall have until AUGUST 29, 2016 to file their response to Plaintiffs' motion and Plaintiffs' complaint.. Signed by Judge Colleen Kollar-Kotelly on 7/28/2016. (lcckk1, ) (Entered: 07/28/2016)
2016-07-28		Set/Reset Deadlines: Defendants shall have until 8/29/2016 to file their response to Plaintiffs' motion and Plaintiffs' complaint. (kt) (Entered: 07/28/2016)
2016-08-25	16	Consent MOTION for Extension of Time to File Answer re 1 Cover Sheet, Complaint,, , Consent MOTION for Extension of Time to File Response/Reply as to 2 Emergency MOTION for Order to Immediately Process FOIA Request by SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 08/25/2016)
2016-08-26		MINUTE ORDER granting Defendants' 16 Consent Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction and Plaintiffs' Complaint for the reasons stated in the motion. Defendants shall respond to the Motion for Preliminary Injunction and to the Complaint by no later than SEPTEMBER 28, 2016. Signed by Judge Rudolph Contreras as Motions Judge for Judge Colleen Kollar-Kotelly on 8/26/2016. (lcckk2) (Entered: 08/26/2016)
2016-08-26		Set/Reset Deadlines: Defendants shall respond to the Motion for Preliminary Injunction and to the Complaint by 9/28/2016. (dot) (Entered: 08/26/2016)
2016-09-28	17	Consent MOTION for Extension of Time to File Answer and Respond to Plaintiff's Motion for Preliminary Injunction by SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 09/28/2016)
2016-09-28		MINUTE ORDER GRANTING Defendants' 17 Consent Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction and Plaintiffs' Complaint. Defendants request an additional 15 days to respond to Plaintiffs' Motion and Complaint so that they can continue processing documents and further explore resolution of this case. Plaintiffs consent. The Court notes that this is the fourth request for an extension of these deadlines. There is a limit to how many extensions will be granted. Moreover, the parties are directed to the Order Establishing Procedures in this case, which states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." Nonetheless, the Court GRANTS Defendants' Motion. Defendants shall file their response to Plaintiffs' Complaint and Plaintiffs' Motion for Preliminary Injunction no later than OCTOBER 13, 2016. If Defendants move for any additional extensions in the future, they must indicate specifically what steps they have taken since the date of the last extension, whether they have produced any documents, and what steps they plan to take going forward if the extension is granted. Signed by Judge Colleen Kollar-Kotelly on 9/28/2016. (lcckk3) (Entered: 09/28/2016)
2016-09-28		Set/Reset Deadlines: Answer due by 10/13/2016. Response to Plaintiffs' Motion for Preliminary Injunction due by 10/13/2016 (dot) (Entered: 09/29/2016)
2016-10-13	18	Memorandum in opposition to re 2 Emergency MOTION for Order to Immediately Process FOIA Request filed by SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 10/13/2016)
2016-10-13	19	ANSWER to Complaint by SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE.(Kelly, Wynne) (Entered: 10/13/2016)
2016-10-13	21	MOTION for Partial Dismissal by SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE. (See Docket Entry 18 to view document). (znmw) (Entered: 10/26/2016)
2016-10-14		MINUTE ORDER. The Court is in receipt of Defendants' 18 Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction and Partial Motion to Dismiss. Plaintiffs shall file a reply in support of their 2 Emergency Motion and a response to Defendants' Partial Motion to Dismiss by no later than OCTOBER 27, 2016. Defendants may file a reply in support of their Partial Motion to Dismiss by no later than NOVEMBER 3, 2016. Signed by Judge Colleen Kollar-Kotelly on 10/14/2016. (lcckk3) (Entered: 10/14/2016)
2016-10-25	20	REPLY to opposition to motion re 2 Emergency MOTION for Order to Immediately Process FOIA Request and Opposition to Defendants' Partial Motion to Dismiss filed by RENE MORALES, ESTELA VILLA LINARES. (Rathi, Roger) (Entered: 10/25/2016)
2016-10-25	22	RESPONSE re 21 MOTION to Dismiss filed by RENE MORALES, ESTELA VILLA LINARES. (See Docket Entry 20 to view document). (znmw) (Entered: 10/26/2016)
2016-10-27	23	ORDER DENYING Plaintiffs' 2 Emergency Motion for an Order for Defendants to Immediately Process FOIA Request and DENYING WITHOUT PREJUDICE Defendants' 21 Motion for Partial Dismissal. Signed by Judge Colleen Kollar-Kotelly on 10/27/2016. (lcckk3) (Entered: 10/27/2016)
2016-10-27	24	MEMORANDUM OPINION re Order Denying Plaintiffs' 2 Emergency Motion for an Order for Defendants to Immediately Process FOIA Request and Denying Without Prejudice Defendants' 21 Motion for Partial Dismissal. Signed by Judge Colleen Kollar-Kotelly on 10/27/2016. (lcckk3) (Entered: 10/27/2016)
2016-11-07	25	ORDER. The parties are ORDERED to file a Joint Status Report by November 28, 2016. Signed by Judge Colleen Kollar-Kotelly on 11/7/2016. (lcckk3) (Entered: 11/07/2016)
2016-11-07		Set/Reset Deadlines: Joint Status Report due by 11/28/2016. (dot) (Entered: 11/07/2016)
2016-11-28	26	Joint STATUS REPORT by SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 11/28/2016)
2016-11-29		MINUTE ORDER. The Court is in receipt of the parties' 26 Joint Status Report. Defendants represent that the final search for documents responsive to Plaintiff's FOIA requests will be concluded within thirty (30) days. The parties represent that they will meet and confer further after that search is completed. Accordingly, the Court ORDERS the parties to file a Joint Status Report by JANUARY 6, 2017, updating the Court on the status of Defendants' search for and production of records responsive to Plaintiff's FOIA requests, and how the parties suggest proceeding in this matter. Signed by Judge Colleen Kollar-Kotelly on 11/29/2016. (lcckk3) (Entered: 11/29/2016)
2016-11-29		Set/Reset Deadlines: Joint Status Report due by 1/6/2017. (dot) (Entered: 11/29/2016)
2017-01-06	27	Joint STATUS REPORT by SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 01/06/2017)
2017-01-09		MINUTE ORDER. The Court is in receipt of the parties' 27 Joint Status Report. Defendants represent that they have completed their searches for responsive documents. Defendant Department of Homeland Security represents that it has found no responsive documents. Defendant Department of State represents that it has found three responsive documents, but has determined that all three need to be withheld pursuant to FOIA Exemption 3. The parties jointly propose Defendants provide Plaintiffs with a draft Vaughn index by February 6, 2017 in order to facilitate the parties engaging in settlement discussions. Accordingly, the Court ORDERS the parties to file an additional Joint Status Report by no later than FEBRUARY 20, 2017, updating the Court on the parties' discussions and whether further proceedings will be necessary in this matter, and proposing a briefing schedule if appropriate. Signed by Judge Colleen Kollar-Kotelly on 1/9/2017. (lcckk3) (Entered: 01/09/2017)
2017-01-09		Set/Reset Deadlines: Joint Status Report due by 2/20/2017. Draft Vaughn Index due by 2/6/2017. (dot) (Entered: 01/09/2017)
2017-02-21	28	NOTICE of Voluntary Dismissal by SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, SECRETARY, U.S. DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 02/21/2017)
2017-02-22	29	ORDER Dismissing Case. Signed by Judge Colleen Kollar-Kotelly on 2/22/2017. (lcckk3) (Entered: 02/22/2017)
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