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Case TitleDudova et al v. Whitaker et al
DistrictSouthern District of Florida
CityKey West
Case Number4:2018cv10268
Date Filed2018-11-19
Date Closed2019-02-19
JudgeSenior Judge James Lawrence King
PlaintiffDasa Dudova
PlaintiffWilliam McGuffey
Case DescriptionDasa Dudova and William McGuffey submitted a FOIA request to the Department of Homeland Security for records concerning McGuffey's I-130 petition. The agency acknowledged receipt of the request. Dudova filed an administrative appeal of the agency's processing of her request. After hearing nothing further from the agency concerning her appeal, Dudova filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantInterim Attorney Gen Matthew Whitaker in his official capacity as Acting Attorney General of the United States of America
DefendantDHS Secretary Kirstjen Nielsen in her official capacity as Secretary, U.S. Department of Homeland Security
DefendantDirector L. Francis Cissna in his official capacity as Director, U.S. Citizenship and Immigration Services
DefendantAssociate Director Matthew D. Emrich in his official capacity as Security Directorate of the U.S. Citizenship and Immigration Services,
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-201COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 400.00. No Filing Fee /No IFP Filed, filed by Dasa Dudova, William McGuffey. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit Exhibit A- Copy of FOIA Acknowledgment Letter, NRC2018049285, April 4, 2018, # 4 Exhibit Exhibit B Copy of FOIA Appeal to USCIS National Records Center filed on October 12, 2018, # 5 Exhibit Exhibit C - Copy of FOIA Appeal Acknowledgment Letter, APP2018001596, October 24, 2018, # 6 Exhibit Exhibit D- Copy of USCIS Interview Notice for Plaintiffs to appear at USCIS Kendall Office on February 27, 2018)(Friz, Alexandra) Modified Text on 11/20/2018 (vmz). (Entered: 11/20/2018)
2018-11-202Clerks Notice of Judge Assignment to Senior Judge James Lawrence King and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (vmz) (Entered: 11/20/2018)
2018-11-203Clerks Notice to Filer re: Electronic Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee, and electronically pay the correct fees of $400.00 within 24 hours of this notice. (vmz) (Entered: 11/20/2018)
2018-11-204Clerks Notice to Filer re: Summons(es) cannot be issued. The filing fee has not been paid (vmz) (Entered: 11/20/2018)
2018-11-205Notice of Compliance of Filing Fees $400.00, receipt number 113C-11176202 re 3 Clerks Notice to Filer re: Electronic Case (Friz, Alexandra) (Entered: 11/20/2018)
2018-11-216NOTICE of Filing Proposed Summons(es) FOR DECLARATORY AND INJUNCTIVE RELIEF by Dasa Dudova, William McGuffey (Friz, Alexandra) (Entered: 11/21/2018)
2018-11-277Summons Issued as to L. Francis Cissna, Matthew D. Emrich, Kirstjen Nielsen, U.S. Attorney and Matthew Whitaker,U.S. Attorney General. (vmz) (Entered: 11/27/2018)
2019-01-028Defendant's MOTION to Stay Case Pending Lapse of Appropriations by L. Francis Cissna, Matthew D. Emrich, Kirstjen Nielsen, Matthew Whitaker. Attorney Carlos Javier Raurell added to party L. Francis Cissna(pty:dft), Attorney Carlos Javier Raurell added to party Matthew D. Emrich(pty:dft), Attorney Carlos Javier Raurell added to party Kirstjen Nielsen(pty:dft), Attorney Carlos Javier Raurell added to party Matthew Whitaker(pty:dft). Responses due by 1/16/2019 (Raurell, Carlos) (Entered: 01/02/2019)
2019-01-039ORDER granting 8 Defendant's MOTION to Stay Case Pending Lapse of Appropriations. Signed by Senior Judge James Lawrence King on 1/3/2019. See attached document for full details. (vmz) (Entered: 01/03/2019)
2019-01-0510Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2019-3 to Magistrate Judge Jacqueline Becerra. Magistrate Judge Andrea M. Simonton no longer assigned to case. (yar) (Entered: 01/08/2019)
2019-01-2911NOTICE REGARDING LAPSE OF APPROPRIATIONS by L. Francis Cissna, Matthew D. Emrich, Kirstjen Nielsen, Matthew Whitaker re 9 Order on Motion to Stay (Raurell, Carlos) Modified text on 1/29/2019 (vmz). (Entered: 01/29/2019)
2019-02-0112ORDER LIFTING STAY Signed by Senior Judge James Lawrence King on 2/1/2019. See attached document for full details. (vmz) (Entered: 02/01/2019)
2019-02-1513STIPULATION of Dismissal as Moot by L. Francis Cissna, Matthew D. Emrich, Kirstjen Nielsen, Matthew Whitaker (Raurell, Carlos) (Entered: 02/15/2019)
2019-02-1914FINAL ORDER OF DISMISSAL FOR MOOTNESS. Signed by Senior Judge James Lawrence King on 2/19/2019. See attached document for full details. (jw) (Entered: 02/19/2019)
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by FOIA Project Staff
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