Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that because Juan Luciano Machado Amadis failed to administratively appeal no records responses from the FBI and the DEA, instead adding the no records denials to his amended complaint, he failed to exhaust his administrative remedies for both requests and cannot now pursue them in court. Amadis, a citizen of the Dominican Republic, was denied a visa three times by the Department of State because he had been arrested at the Santo Domingo Airport in 1980 for possession of 125 grams of cocaine. Insisting that he had not been arrested for possession, Amadis submitted FOIA requests to the Department of State, the FBI, and the DEA. The State Department located records concerning his visa revocation/denial and released 32 documents in full, nine documents in part, and withheld 12 documents in full. Amadis then submitted a FOIA request to the DEA for records concerning himself. Limiting its search to investigative records, the DEA found no responsive records. Amadis then submitted a request to the FBI for records about himself pertaining to any criminal or drug-trafficking related crimes. The FBI's search also came up empty. The agency also told Amadis that to the extent he was asking whether or not he was on the terrorist watchlist, the agency was issuing a Glomar response neither confirming nor denying the existence of records under Exemption 7(E) (investigative methods or techniques). Dissatisfied, Amadis then sent another six FOIA requests to the three agencies. His second series of FOIA requests to the DEA, the FBI, and the State Department asked for records pertaining to the processing of his earlier requests. In his third series of requests to the agencies, Amadis again asked the State Department for reasons why his visa was denied, and asked the FBI and the DEA for all records about himself, including emails. Both the FBI and the DEA responded to Amadis' third series of FOIA requests within the 20-day statutory deadline, telling him that after conducting a search neither agency had found responsive records. McFadden pointed out that "both complied with Mr. Amadis's request and conducted a search, trying to 'gather and review' responsive documents. Both determined and communicated the scope of the records they intended to produce â€" none. And they explained the reason for the scope of their disclosure â€" they found no responsive records. The FBI also suggested that to whatever extent it may have responsive documents they were withheld under Exemption 7(E). Both agencies also told Mr. Amadis that he could appeal their adverse determinations. And because both agencies issued their determinations within 20 working days of receiving the requests, FOIA's administrative exhaustion requirements were triggered." Amadis argued that the agencies' responses were not complete because they had both volunteered to conduct further searches if he provided more specific information, claiming that "the agencies' respective responses were not final 'determinations' under CREW v. FEC, 711 F. 3d 1180 (D.C. Cir. 2013)" and that he had therefore constructively exhausted his administrative remedies. McFadden disagreed. He noted that "when an agency informs a requester that it has complied with a request but has located no responsive records, that is a determination, and such a determination is susceptible to immediate administrative appeal. The agency is not 'simply deciding to decide later.'' It has rendered an adverse decision and given its basis therefor. FOIA requires no more to trigger the administrative exhaustion requirement." McFadden indicated that Amadis had mischaracterized the agencies' willingness to conduct a further search if he provided more information. Instead, he observed that "an agency's offer to conduct an 'additional' search does not alter the final, appealable nature of its determination. Instead, it allows a requester an additional process that is not required by FOIA. But this courtesy offer to do more than FOIA requires does not vitiate the administrative exhaustion requirement. Conversely, an agency that does comply with FOIA's timelines does not forfeit its ability to invoke the administrative exhaustion requirement merely because it offered a requester more than he was legally entitled. To hold otherwise would discourage agencies from trying to accommodate FOIA requesters and pervert the intent of the FOIA." McFadden noted that "even if a requester submits more information so that the agency can conduct another search, as Mr. Amadis did, the agency's original timely determination remains appealable. The requester has two options. If the requester wishes to submit more information, then he gets a second bite at the FOIA apple at the agency level. All the while he retains his ability to seek recourse through an agency appeal and may invoke that right at any time. This ability to appeal at any time ameliorates CREW's concern that agencies might 'desire to keep FOIA requests bottled up in limbo for months or years on end.' If the requester is unsatisfied with the additional search, either procedurally or substantively, he has all that he needs to appeal. But Mr. Amadis seeks to create a third option by presumptively retreating to court. That door is shut." As a result of a series of suits filed by researcher Ryan Shapiro and others for records concerning the FBI's FOIA processing notes, the FBI had begun to categorically withhold records pertaining to no records responses under Exemption 7(E) and the agency categorically denied Amadis' request for how the agency concluded that it had no responsive records as well. Noting that Amadis did not actually challenge the policy but instead criticized the agency's decision to withhold all records, McFadden approved of the agency's categorical claim. Amadis questioned the decision by the Office of Information Policy to treat his request for records memorializing or describing OIP's treatment of his appeals as not responsive. McFadden agreed with the agency's interpretation, noting that "Mr. Amadis's request to OIP was for 'all records. . . memorializing or describing OIP's processing of his two appeals.' He did not seek all records in his appeals files. Nor did he specifically request records about the DEA and the FBI's processing of his initial requests." He pointed out that "if OIP had created a list of the records it received from the FBI and the DEA while processing Mr. Amadis's appeals, that list would be responsive because it memorializes or describes OIP's processing of the appeal. But the listed records themselves memorialize or describe only the prior work by the FBI and the DEA, not OIP's processing of the appeal. OIP did not have to go outside the four corners of Mr. Amadis's specific request for material that evidenced OIP's work on processing his appeals." McFadden upheld OIP's claim that attorneys' notes and recommendations contained in Blitz forms documenting OIP's handling of appeals were protected by the deliberative process privilege under Exemption 5 (privileges). Amadis argued that because there were no further notations on the Blitz forms beyond those of the attorney who prepared each form they essentially constituted the agency's final decision. McFadden pointed out that "the supervisors may have simply agreed with their subordinates or disagreed without comment." He added that "that a supervisor has no comment does not undermine OIP's statement that the redacted boxes allow front-line attorneys to provide analysis and recommendations to senior reviewing attorneys leading up to the final adjudication of the appeal. Courts have recognized that when documents are created to provide legal advice, that further confirms that the records are deliberative."
Issues: Litigation - Jurisdiction - Failure to Exhaust, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Request - Specificity

Date Filed	Doc #	Docket Text
2016-11-09	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4738628) filed by Juan Luciano Machado Amadis. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Civil Cover Sheet)(Sorenson, C.) (Entered: 11/09/2016)
2016-11-09		Case Assigned to Judge Richard J. Leon. (sb) (Entered: 11/09/2016)
2016-11-09	2	SUMMONS (5) Issued Electronically as to DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 11/09/2016)
2016-11-18	3	NOTICE of Appearance by Daniel J. Stotter on behalf of JUAN LUCIANO MACHADO AMADIS (Stotter, Daniel) (Entered: 11/18/2016)
2016-11-18	4	NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 11/18/2016)
2016-12-19	5	ANSWER to Complaint by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE.(Walker, Johnny) (Entered: 12/19/2016)
2016-12-27	6	STANDING ORDER. Signed by Judge Richard J. Leon on 12/27/16. (lcrjl1) (Entered: 12/27/2016)
2017-02-09	7	Joint STATUS REPORT by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 02/09/2017)
2017-02-14		MINUTE ORDER: Upon consideration of the parties' Joint Status Report 7 , it is hereby ORDERED that the parties will file a joint status report on or before 03/23/17 that informs the Court of the status of the parties' dispute and proposes a schedule for further proceedings, if necessary. Signed by Judge Richard J. Leon on 02/14/17. (lcrjl1) (Entered: 02/14/2017)
2017-03-23	8	Joint STATUS REPORT by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 03/23/2017)
2017-04-10		MINUTE ORDER: Upon consideration of the parties' Joint Status Report 8 , it is hereby ORDERED that the parties will adhere to the following briefing schedule: (1) defendants will file their motion for summary judgment on or before 05/08/17; (2) plaintiff will file his response to defendants' motion and his own cross-motion for summary judgment on or before 06/07/17; (3) defendants will file their reply in support of their motion for summary judgment and their opposition to plaintiff's cross-motion on or before 07/07/17; (4) plaintiff will file his reply in support of his cross-motion on or before 07/27/17. Signed by Judge Richard J. Leon on 04/10/17. (lcrjl1) (Entered: 04/10/2017)
2017-05-08	9	MOTION for Summary Judgment by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Eric Stein (with exhibits), # 4 Declaration of David Hardy (with exhibits), # 5 Declaration of Katherine Myrick (with exhibits), # 6 Text of Proposed Order)(Walker, Johnny) (Entered: 05/08/2017)
2017-05-12	10	NOTICE OF SUBSTITUTION OF COUNSEL by C. Peter Sorenson on behalf of JUAN LUCIANO MACHADO AMADIS Substituting for attorney C. Sorenson and Daniel J. Stotter (Sorenson, C.) (Entered: 05/12/2017)
2017-05-13	11	NOTICE of Appearance by Kelly Brian McClanahan on behalf of JUAN LUCIANO MACHADO AMADIS (McClanahan, Kelly) (Main Document 11 replaced on 5/15/2017) (znmw). (Entered: 05/13/2017)
2017-05-16	12	Unopposed MOTION to Stay re 9 MOTION for Summary Judgment , Unopposed MOTION to Modify Briefing Schedule by JUAN LUCIANO MACHADO AMADIS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/16/2017)
2017-07-07	13	MOTION for Leave to File First Amended Complaint by JUAN LUCIANO MACHADO AMADIS (Attachments: # 1 Exhibit A - 1st Am. Compl., # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/07/2017)
2017-07-21	14	RESPONSE re 13 MOTION for Leave to File First Amended Complaint filed by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 07/21/2017)
2017-11-03		Case directly reassigned to Judge Trevor N. McFadden. Judge Richard J. Leon is no longer assigned to the case. (ztnr) (Entered: 11/03/2017)
2018-01-25		MINUTE ORDER granting Plaintiffs 13 Motion for Leave to Amend, dismissing as moot Defendants 9 Motion for Summary Judgment, and dismissing as moot Plaintiffs 12 Unopposed Motion to Stay re Defendants 9 Motion for Summary Judgment. The Clerk of Court is directed to docket ECF 13-1 as Plaintiffs Amended Complaint. Defendant shall answer or otherwise respond to Plaintiffs Amended Complaint by February 26, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 01/25/18. (lctnm1) Modified on 1/26/2018 to change motion number to 12(hmc). (Entered: 01/25/2018)
2018-01-25	15	FIRST AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF STATE, DEPARTMENT OF JUSTICE filed by JUAN LUCIANO MACHADO AMADIS.(td) (Entered: 01/26/2018)
2018-01-26		Set/Reset Deadlines: Defendants' answer to Plaintiff's Amended Complaint due by 2/26/2018. (hmc) (Entered: 01/26/2018)
2018-01-26	16	NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of All Defendants Substituting for attorney Johnny Hillary Walker (Seabrook, April) (Entered: 01/26/2018)
2018-02-28	17	MOTION for Order Setting a Date to Submit a Proposed Briefing Schedule, and Memorandum in Support Thereof by DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE (Seabrook, April) (Entered: 02/28/2018)
2018-03-01		NOTICE OF HEARING: The parties shall take notice that a Status Conference is scheduled for 3/8/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 03/01/2018)
2018-03-01		NOTICE OF RESCHEDULED HEARING: The parties shall take notice that the Status Conference originally scheduled for 3/8/2018 is now RESCHEDULED to 3/14/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 03/01/2018)
2018-03-14		Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 3/14/2018. Government's 17 Motion for Order Setting a Date to Submit a Proposed Briefing Schedule, GRANTED. The parties shall abide by the following briefing schedule: Dispositive Motion due by April 25, 2018; Cross-Motion, if any, and Opposition to Dispositive Motion due by June 1, 2018; Opposition to Cross-Motion and Reply in support of Dispositive Motion due by June 22, 2018; Reply in support of Cross-Motion due by July 9, 2018. SO ORDERED. (Court Reporter Crystal Pilgrim.) (tg) (Entered: 03/14/2018)
2018-03-14		MINUTE ORDER: In light of the Amended Complaint's designation of the Department of Justice and the Department of State as the Defendants in this case, the Clerk of Court is requested to update the case style to reflect that the Drug Enforcement Agency is no longer a party to the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/14/18. (lctnm1) (Entered: 03/14/2018)
2018-04-20	18	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/20/18. (lctnm1) (Entered: 04/20/2018)
2018-04-25	19	Consent MOTION for Extension of Time to File Dispositive Motion by DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 04/25/2018)
2018-04-26		MINUTE ORDER: Upon consideration of Defendants' 19 Consent Motion for Extension of Time and for good cause shown, Defendants shall now file their dispositive motion by April 27, 2018. All other deadlines previously established by order of the Court or by the rules of procedure remain in place. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/26/18. (lctnm1) (Entered: 04/26/2018)
2018-04-26		Set/Reset Deadlines: Defendants' dispositive motion due by 4/27/2018. (hmc) (Entered: 04/26/2018)
2018-04-27	20	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration of Eric Stein (State), # 5 Exhibit to Stein Declaration, # 6 Declaration of Katherine Myrick (DEA), # 7 Exhibit to Myrick Declaration, # 8 Declaration of David Hardy (FBI), # 9 Exhibit to Hardy Declaration, # 10 Declaration of Vanessa Brinkmann (OIP), # 11 Exhibit to Brinkmann Declaration)(Seabrook, April) (Entered: 04/28/2018)
2018-05-10	21	NOTICE of Supplemental Declaration of Eric F. Stein by UNITED STATES DEPARTMENT OF STATE re 20 MOTION for Summary Judgment (Attachments: # 1 Declaration - Second Declaration of Eric F. Stein)(Seabrook, April) (Entered: 05/10/2018)
2018-05-31	22	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by JUAN LUCIANO MACHADO AMADIS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/31/2018)
2018-06-01		MINUTE ORDER granting Plaintiff's 22 Consent Motion for Extension of Time. Plaintiff's Response to Defendant's 20 Motion for Summary Judgment and any Cross-Motion for Summary Judgment shall now be filed by June 15, 2018. Defendant's Reply in support of its Motion for Summary Judgment and Response to any Cross-Motion for Summary Judgment shall now be filed by July 6, 2018. Plaintiff's Reply in support of any Cross-Motion for Summary Judgment shall now be filed by July 23, 2018. The parties are warned that any future motions for extensions of time must comply with the Court's 18 Standing Order, including the requirement that any such motions be filed at least four business days prior to any affected deadline. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/1/18. (lctnm1) (Entered: 06/01/2018)
2018-06-01		Set/Reset Deadlines: Plaintiff's response to Defendants' Motion for Summary Judgment and Cross-Motion due by 6/15/2018. Defendants' reply in support of its Motion for Summary Judgment and response to any Cross-Motion due by 7/6/2018. Plaintiff's reply in support of its Cross-Motion due by 7/23/2018. (hmc) (Entered: 06/01/2018)
2018-06-15	23	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by JUAN LUCIANO MACHADO AMADIS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/15/2018)
2018-06-18	24	ORDER requiring Plaintiff to show cause at hearing on June 22, 2018 at 10:00 a.m. in Courtroom 2 why sanctions should not be imposed and/or the Government's 20 Motion for Summary Judgment be granted as unopposed. See attached Order for details. Signed by Judge Trevor N. McFadden on 6/18/18. (lctnm1) (Entered: 06/18/2018)
2018-06-18		Set/Reset Hearings: Show Cause Hearing scheduled for 6/22/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 06/18/2018)
2018-06-18	25	Consent MOTION to Continue Reschedule Hearing by JUAN LUCIANO MACHADO AMADIS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) Modified event on 6/21/2018 (ztd). Modified event on 6/21/2018 (znmw). (Entered: 06/18/2018)
2018-06-19		MINUTE ORDER granting Plaintiff's 25 Consent Motion for Scheduling Order. The Show-Cause Hearing scheduled for June 22, 2018 at 10:00 a.m. shall now be held on June 20, 2018 at 2:00 p.m. Signed by Judge Trevor N. McFadden on 6/19/18. (lctnm1) (Entered: 06/19/2018)
2018-06-19		Set/Reset Hearings: Show Cause Hearing rescheduled for 6/20/2018, at 2:00 PM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 06/19/2018)
2018-06-20		Minute Entry for proceedings held before Judge Trevor N. McFadden: Show Cause Hearing held on 6/20/2018. Order forthcoming. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc) (Entered: 06/20/2018)
2018-06-20		MINUTE ORDER. Upon consideration of counsel's representations at the Show Cause Hearing held on June 20, 2018, the Court hereby discharges the 24 Order to Show Cause, and GRANTS the 23 Consent Motion for Extension of Time. Plaintiff's Response to Defendants' 20 Motion for Summary Judgment and any Cross-Motion for Summary Judgment shall now be filed by June 26, 2018. Defendants' Reply in support of its Motion for Summary Judgment and Response to any Cross-Motion for Summary Judgment shall now be filed by August 10, 2018. Further requests for extension of time will be disfavored. SO ORDERED. (lctnm2) (Entered: 06/20/2018)
2018-06-21		Set/Reset Deadlines: Plaintiff's Response to Defendants' Motion for Summary Judgment and Cross-Motion due by 6/26/2018. Defendants' reply in support of its Motion for Summary Judgment and Response to Plaintiff's Cross-Motion due by 8/10/2018. (hmc) (Entered: 06/21/2018)
2018-06-22		MINUTE ORDER: In light of the new briefing schedule set in the Court's June 20, 2018 Minute Order, Plaintiff's time to reply in support of its Cross-Motion for Summary Judgment is extended to August 17, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/22/18. (lctnm1) (Entered: 06/22/2018)
2018-06-22		Set/Reset Deadlines: Plaintiff's reply in support of its Cross-Motion for Summary Judgment due by 8/17/2018. (hmc) (Entered: 06/22/2018)
2018-06-26	26	Joint MOTION to Stay Case by JUAN LUCIANO MACHADO AMADIS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/26/2018)
2018-06-27		MINUTE ORDER granting the parties' 26 Joint Motion to Stay. The case is stayed effective June 26, 2018, and the parties are ordered to file a Joint Status Report by July 13, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/27/18. (lctnm1) (Entered: 06/27/2018)
2018-06-27		Case Stayed. (hmc) (Entered: 06/27/2018)
2018-06-27		Set/Reset Deadlines: Joint Status Report due by 7/13/2018. (hmc) (Entered: 06/27/2018)
2018-07-13	27	Joint STATUS REPORT and Proposal for Further Proceedings by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Seabrook, April) Modified on 7/16/2018 (ztd). Modified on 7/18/2018 (znmw). (Entered: 07/13/2018)
2018-07-15	28	ERRATA Attaching Corrected Joint Status Report by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE 27 Status Report filed by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit - Corrected Joint Status Report and Proposed Order)(Seabrook, April) (Entered: 07/15/2018)
2018-07-16		ENTERED IN ERROR.....NOTICE OF CORRECTED DOCKET ENTRY: re 27 Status Report was entered in error and counsel was refiled said pleading as docket entry no. 28 . (ztd) Modified on 7/18/2018 (znmw). (Entered: 07/16/2018)
2018-07-16		MINUTE ORDER: Upon consideration of the parties' 27 Joint Status Report, the stay of this case is hereby lifted. Plaintiff shall file his Opposition to the Defendants' 20 Motion for Summary Judgment and his Cross-Motion for Summary Judgment by July 30, 2018; Defendants shall file their Reply in Support of their own Motion for Summary Judgment and their Opposition to Plaintiff's Cross-Motion for Summary Judgment by September 14, 2018, and Plaintiff shall file his Reply in support of his Cross-Motion for Summary Judgment by October 5, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/16/18. (lctnm1) (Entered: 07/16/2018)
2018-07-16		Set/Reset Deadlines: Plaintiff's Opposition to Defendants' Motion for Summary Judgment and Cross-Motion due by 7/30/2018. Defendants' reply in support of their Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion due by 9/14/2018. Plaintiff's reply in support its Cross-Motion due by 10/5/2018. (hmc) (Entered: 07/16/2018)
2018-07-30	29	Unopposed MOTION for Leave to File Certain Exhibits Under Seal by JUAN LUCIANO MACHADO AMADIS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/30/2018)
2018-07-31	30	Memorandum in opposition to re 20 MOTION for Summary Judgment filed by JUAN LUCIANO MACHADO AMADIS. (Attachments: # 1 Exhibit A - Machado declaration (redacted), # 2 Exhibit B - Court verdict, # 3 Exhibit C - Perez declaration, # 4 Exhibit D - Visa denials, # 5 Exhibit E - CJIS report, # 6 Exhibit F - OIP notes (redacted), # 7 Exhibit G - NADDIS search (redacted), # 8 Exhibit H - State note, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/31/2018)
2018-07-31	31	Cross MOTION for Partial Summary Judgment by JUAN LUCIANO MACHADO AMADIS (Attachments: # 1 Exhibit A - Machado declaration (redacted), # 2 Exhibit B - Court verdict, # 3 Exhibit C - Perez declaration, # 4 Exhibit D - Visa denials, # 5 Exhibit E - CJIS report, # 6 Exhibit F - OIP notes (redacted), # 7 Exhibit G - NADDIS search (redacted), # 8 Exhibit H - State note, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/31/2018)
2018-07-31		MINUTE ORDER granting Plaintiff's 29 Unopposed Motion for Leave to File Certain Exhibits Under Seal. Plaintiff may file under seal exhibits in support of his Cross-Motion for Partial Summary Judgment and Opposition to Defendants' Motion for Summary Judgment that contain personally identifiable information. Any exhibits filed under seal will be deemed properly filed to the extent that redacted copies are also filed on the public docket. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/31/18. (lctnm1) (Entered: 07/31/2018)
2018-07-31	32	SEALED DOCUMENT filed by JUAN LUCIANO MACHADO AMADIS re 30 Memorandum in Opposition, 31 Cross MOTION for Partial Summary Judgment (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A - Machado declaration (sealed), # 2 Exhibit F - OIP notes (sealed), # 3 Exhibit G - NADDIS search (sealed))(McClanahan, Kelly) (Entered: 07/31/2018)
2018-07-31	33	ERRATA Attaching Full Statement of Material Facts by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE 9 MOTION for Summary Judgment filed by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit - Full Statement of Material Facts)(Seabrook, April) (Entered: 07/31/2018)
2018-08-01	34	Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by JUAN LUCIANO MACHADO AMADIS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/01/2018)
2018-08-02		MINUTE ORDER granting Plaintiff's 34 Unopposed Nunc Pro Tunc Motion for Extension of Time. Plaintiff's 30 Memorandum in Opposition to the Defendant's Motion for Summary Judgment and 31 Cross-Motion for Partial Summary Judgment are deemed timely filed. Plaintiff's counsel has repeatedly noted that his client is not a native English speaker, that his client only communicates with him through a Dominican attorney, and that relevant documents are not in English. These difficulties are challenging, and they may occasionally create an unavoidable need for an extension of time. But these challenges are also foreseeable in light of experience if not in light of the nature of the case. Because Plaintiff's counsel has repeatedly used these circumstances as grounds for untimely motions for extensions of time, any future motion for an extension of time that relies on these or related grounds must be timely filed or must contain an explanation of counsel's good-faith efforts to avoid the eleventh-hour discovery that he cannot meet his deadlines. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/2/18. (lctnm1) (Entered: 08/02/2018)
2018-09-05	35	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment , 31 Cross MOTION for Partial Summary Judgment by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Seabrook, April) (Entered: 09/05/2018)
2018-09-06		MINUTE ORDER granting Defendants' 35 Consent Motion for Extension of Time. Defendants shall now file their Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by October 24, 2018 and Plaintiff shall file any Reply on or before November 14, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/6/18. (lctnm1) (Entered: 09/06/2018)
2018-09-06		Set/Reset Deadlines: Defendants' reply in support of their Motion for Summary Judgment and opposition to Plaintiff's Cross-Motion due by 10/24/2018. Plaintiff's reply in support of its Cross-Motion due by 11/14/2018. (hmc) (Entered: 09/06/2018)
2018-10-19	36	Consent MOTION for Extension of Time to File Response/Reply and Opposition Brief and Support Thereof by DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF STATE (Seabrook, April) (Entered: 10/19/2018)
2018-10-19		MINUTE ORDER granting Defendants' 36 Consent Motion for Extension of Time. Defendants shall now file their Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by October 31, 2018, and Plaintiff shall file any Reply on or before November 21, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/19/18. (lctnm1) (Entered: 10/19/2018)
2018-10-22		Set/Reset Deadlines: Defendants' Reply in support of their Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion due by 10/31/2018. Plaintiff's Reply due by 11/21/2018. (hmc) (Entered: 10/22/2018)
2018-10-31	37	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment , 31 Cross MOTION for Partial Summary Judgment by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Seabrook, April) (Entered: 10/31/2018)
2018-11-02		MINUTE ORDER granting Defendants' 37 Consent Motion for Extension of Time. It is ORDERED that the Defendants shall file their combined Opposition to Plaintiffs Cross-Motion and Reply in support of their pending dispositive motion on or before November 2, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/2/18. (lctnm1) (Entered: 11/02/2018)
2018-11-02		Set/Reset Deadlines: Defendants' combined opposition to Plaintiff's Cross-Motion and reply in support of their dispositive motion due by 11/2/2018. (hmc) (Entered: 11/02/2018)
2018-11-04	38	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment , 31 Cross MOTION for Partial Summary Judgment by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Seabrook, April) (Entered: 11/04/2018)
2018-11-05		MINUTE ORDER granting Defendants' 38 Consent Motion for Extension of Time. It is ORDERED that Defendants shall file Opposition to Plaintiff's Cross-Motion and Reply in support of their Dispositive Motion on or before November 16, 2018. Plaintiffs may reply on or before December 14, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/5/18. (lctnm1) (Entered: 11/05/2018)
2018-11-05		Set/Reset Deadlines: Defendants' opposition to cross-motion and reply to opposition to dispositive motion due by 11/16/2018; plaintiffs' reply to opposition to cross-motion due by 12/14/2018. (tg) (Entered: 11/05/2018)
2018-11-16	39	REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration - Third Hardy Declaration, # 2 Exhibit, # 3 Exhibit)(Seabrook, April) (Entered: 11/16/2018)
2018-11-16	40	Memorandum in opposition to re 31 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts Defendants' Response to Plaintiff's Statement of Facts, # 2 Declaration Third Hardy Declaration, # 3 Exhibit, # 4 Exhibit)(Seabrook, April) (Entered: 11/16/2018)
2018-11-21	41	ERRATA attaching Revised Memo of Law and Searchable Exhibits by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE 39 Reply to opposition to Motion, filed by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE, 40 Memorandum in Opposition, filed by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Memorandum in Support - Revised, # 2 Exhibit 6 (text searchable), # 3 Exhibit 7 (text searchable), # 4 Exhibit 8 (text searchable))(Seabrook, April) (Entered: 11/21/2018)
2018-12-14	42	MOTION for Leave to File Sur-Reply by JUAN LUCIANO MACHADO AMADIS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 12/14/2018)
2018-12-14		MINUTE ORDER granting Plaintiff's 42 Motion for Leave to File. It is ORDERED that any sur-reply is due December 14, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/14/18. (lctnm1) (Entered: 12/14/2018)
2018-12-14		Set/Reset Deadlines: Plaintiff's sur-reply due by 12/14/2018. (tg) (Entered: 12/14/2018)
2018-12-14	43	REPLY to opposition to motion re 31 Cross MOTION for Partial Summary Judgment filed by JUAN LUCIANO MACHADO AMADIS. (McClanahan, Kelly) (Entered: 12/15/2018)
2018-12-15	44	SURREPLY to re 20 MOTION for Summary Judgment filed by JUAN LUCIANO MACHADO AMADIS. (McClanahan, Kelly) (Entered: 12/15/2018)
2019-01-31	45	MEMORANDUM OPINION re 20 Defendant's Motion for Summary Judgment and 31 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 01/31/2019. (lctnm2) (Entered: 01/31/2019)
2019-01-31	46	ORDER denying 31 Motion for Partial Summary Judgment; granting 20 Motion for Summary Judgment. For the reasons stated in the accompanying 45 Memorandum Opinion, the Defendant's 20 Motion for Summary Judgment is granted and the Plaintiff's 31 Motion for Partial Summary Judgment is denied. See attached order for details. Signed by Judge Trevor N. McFadden on 01/31/2019. (lctnm2) (Entered: 01/31/2019)
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