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Case TitleDoe v. Department of Homeland Security et al
DistrictWestern District of Michigan
CitySouthern Division
Case Number1:2019cv00288
Date Filed2019-04-16
Date Closed2019-09-16
JudgeDistrict Judge Paul L. Maloney
PlaintiffJohn Doe
PlaintiffOudom Xayphannha
PlaintiffHolly Xayphannha
Case DescriptionJohn Doe, an applicant for asylum from Africa, submitted a FOIA request through his attorney to U.S. Citizenship and Immigration Services for records about himself. After hearing nothing further from the agency, Doe filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
DefendantUnited States Citizenship and Immigration Services
DefendantExecutive Office for Immigration Review
DefendantUnited States Department of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-161COMPLAINT against All Defendants filed by John Doe (Asch, Marc) (Entered: 04/16/2019)
2019-04-16FILING FEE PAID re 1 by plaintiff John Doe in the amount of $400, receipt number 0646-4414251 (Asch, Marc) (Entered: 04/16/2019)
2019-04-162MOTION for leave to appear and proceed using a pseudonym by plaintiff John Doe; (Asch, Marc) (Entered: 04/16/2019)
2019-04-163PROPOSED SUMMONS to be issued re 1 (Attachments: # 1 Attachment Letter to Deputy Clerk re proposed summons) (Asch, Marc) (Entered: 04/16/2019)
2019-04-174NOTICE that this case has been assigned Paul L. Maloney (clw) (Entered: 04/17/2019)
2019-04-175SUMMONS ISSUED as to defendants Department of Homeland Security, United States Citizenship and Immigration Services, U.S. Attorney and U.S. Attorney General (clw) (Entered: 04/17/2019)
2019-04-186CERTIFICATE OF SERVICE by plaintiff John Doe re MOTION for leave to appear and proceed using a pseudonym 2 (Asch, Marc) (Entered: 04/18/2019)
2019-04-267SUMMONS returned executed on Department of Homeland Security, United States Citizenship and Immigration Services, US Attorney and US Attorney General; served on 4/22/2019, answer due 6/21/2019 (Asch, Marc) Modified text on 4/30/2019 per 7 (clw). (Entered: 04/26/2019)
2019-04-298NOTICE to attorney Marc A. Asch regarding recent filing 7 (kw) (Entered: 04/29/2019)
2019-04-299EXHIBIT re 7 by plaintiff John Doe (Asch, Marc) (Entered: 04/29/2019)
2019-05-2210ANSWER to complaint 1 with affirmative defenses by Department of Homeland Security, United States Citizenship and Immigration Services (Cobb, Ryan) (Entered: 05/22/2019)
2019-06-0111AMENDED COMPLAINT against All Defendants filed by John Doe (Asch, Marc) (Entered: 06/01/2019)
2019-06-0112PROPOSED SUMMONS to be issued re 11 (Asch, Marc) (Entered: 06/01/2019)
2019-06-0313SUMMONS ISSUED as to defendants Executive Office for Immigration Review, United States Department of Justice (clw) (Entered: 06/03/2019)
2019-06-1014SUMMONS returned executed on Executive Office for Immigration Review, United States Department of Justice, US Attorney and US Attorney General; service upon defendant, Executive Office for Immigration Review complete on 6/5/2019, answer due 8/5/2019; United States Department of Justice complete on 6/5/2019, answer due 8/5/2019 (Attachments: # 1 Exhibit declaration regarding service) (Asch, Marc) (Entered: 06/10/2019)
2019-06-1415ANSWER to Amended Complaint 11 with affirmative defenses by Department of Homeland Security, United States Citizenship and Immigration Services (Cobb, Ryan) (Entered: 06/14/2019)
2019-06-2316MOTION for leave to file second amended complaint by plaintiffs John Doe; (Asch, Marc) Modified text on 8/9/2019 (clw). (Entered: 06/23/2019)
2019-06-2317BRIEF in support of MOTION for leave to file second amended complaint 16 filed by John Doe (Attachments: # 1 Proposed Document Proposed Amended Complaint) (Asch, Marc) Modified text on 8/9/2019 (clw). (Entered: 06/23/2019)
2019-06-2318CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file second amended complaint 16 filed by John Doe (Asch, Marc) Modified text on 8/9/2019 (clw). (Entered: 06/23/2019)
2019-07-0519ANSWER to Amended Complaint 11 by Executive Office for Immigration Review, United States Department of Justice (Cobb, Ryan) (Entered: 07/05/2019)
2019-07-0820RESPONSE in opposition to MOTION for leave to file second amended complaint 16 Defendants' Brief in Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint filed by Department of Homeland Security, Executive Office for Immigration Review, United States Citizenship and Immigration Services, United States Department of Justice (Cobb, Ryan) (Entered: 07/08/2019)
2019-07-15(NON-DOCUMENT) ORDER REFERRING MOTION for leave to file second amended complaint 16 to Magistrate Judge Phillip J. Green pursuant to 28 U.S.C. 636(b)(1)(A) (Judge Paul L. Maloney, acr) (Entered: 07/15/2019)
2019-07-1521NOTICE OF MOTION HEARING regarding document number 16 : motion hearing is set for 7/18/2019 at 01:30 PM at 601 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; (Magistrate Judge Phillip J. Green, jkw) (Entered: 07/15/2019)
2019-07-1622NOTICE of partial dismissal under FRCP 41 (Asch, Marc) Modified text on 8/9/2019 (clw). (Entered: 07/16/2019)
2019-07-1823MINUTES held before Magistrate Judge Phillip J. Green of motion hearing re 16 MOTION for leave to file second amended complaint filed by John Doe; motion denied order to issue (Proceedings Digitally Recorded) (Magistrate Judge Phillip J. Green, ald) Modified text on 8/9/2019 (clw). (Entered: 07/18/2019)
2019-07-1924ORDER denying 16 motion for leave to file second amended complaint; signed by Magistrate Judge Phillip J. Green (Magistrate Judge Phillip J. Green, jkw) (Entered: 07/19/2019)
2019-07-24(NON-DOCUMENT) ORDER REFERRING MOTION for leave to appear and proceed using a pseudonym 2 to Magistrate Judge Phillip J. Green pursuant to 28 U.S.C. 636(b)(1)(A) (Judge Paul L. Maloney, acr) (Entered: 07/24/2019)
2019-07-2525RESPONSE TO MOTION for leave to appear and proceed using a pseudonym 2 filed by Department of Homeland Security, Executive Office for Immigration Review, United States Citizenship and Immigration Services, United States Department of Justice (Cobb, Ryan) (Entered: 07/25/2019)
2019-07-2526RESPONSE TO MOTION for leave to appear and proceed using a pseudonym 2 Corrected Response filed by Department of Homeland Security, Executive Office for Immigration Review, United States Citizenship and Immigration Services, United States Department of Justice (Cobb, Ryan) (Entered: 07/25/2019)
2019-07-2627ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 8/21/2019 at 10:00 AM at 601 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; status report due by 8/16/2019; signed by Magistrate Judge Phillip J. Green (Magistrate Judge Phillip J. Green, jkw) (Entered: 07/26/2019)
2019-07-2628UNOPPOSED MOTION for leave to file reply brief by plaintiff John Doe; (Attachments: # 1 Proposed Document Proposed Reply Brief, # 2 Exhibit A - 8 CFR 208.6, # 3 Exhibit B - Al Otro Lado v. Nielsen, # 4 Exhibit C - A.B.T. v. USCIS, # 5 Exhibit D - redacted declaration of Doe) (Asch, Marc) Modified text on 7/29/2019 (jlg) (Entered: 07/26/2019)
2019-07-2629CERTIFICATE regarding compliance with LCivR 7.1(d) re UNOPPOSED MOTION for leave to file reply brief 28 filed by John Doe (Asch, Marc) (Entered: 07/26/2019)
2019-07-29(NON-DOCUMENT) ORDER REFERRING UNOPPOSED MOTION for leave to file reply brief 28 to Magistrate Judge Phillip J. Green pursuant to 28 U.S.C. 636(b)(1)(A) (Judge Paul L. Maloney, acr) (Entered: 07/29/2019)
2019-07-2930ORDER granting 28 motion for leave to file reply brief; signed by Magistrate Judge Phillip J. Green (Magistrate Judge Phillip J. Green, jkw) (Entered: 07/29/2019)
2019-07-2931REPLY to response to motion 2 filed by John Doe (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (jlg) (Entered: 07/30/2019)
2019-08-1232REPORT AND RECOMMENDATION re 2 ; objections to R&R due within 14 days; signed by Magistrate Judge Phillip J. Green (Magistrate Judge Phillip J. Green, jkw) (Entered: 08/12/2019)
2019-08-1633JOINT STATUS REPORT (Cobb, Ryan) (Entered: 08/16/2019)
2019-08-2134MINUTES held before Magistrate Judge Phillip J. Green of Rule 16 scheduling conference; Plaintiff's Counsel made oral motion for more time to respond to the R&R; granted from bench; order to issue; CMO to issue (Proceedings Digitally Recorded) (Magistrate Judge Phillip J. Green, ald) (Entered: 08/21/2019)
2019-08-2135INITIAL CASE MANAGEMENT ORDER; objection deadline extended to 9/9/2019; signed by Magistrate Judge Phillip J. Green (Magistrate Judge Phillip J. Green, jkw) (Entered: 08/21/2019)
2019-09-0636UNOPPOSED MOTION for extension of time to file objections to report & recommendation by plaintiff John Doe; (Asch, Marc) (Entered: 09/06/2019)
2019-09-0637CERTIFICATE regarding compliance with LCivR 7.1(d) re UNOPPOSED MOTION for extension of time to file objections to report & recommendation 36 filed by John Doe (Asch, Marc) (Entered: 09/06/2019)
2019-09-09(NON-DOCUMENT) ORDER REFERRING UNOPPOSED MOTION for extension of time to file objections to report & recommendation 36 to Magistrate Judge Phillip J. Green pursuant to 28 U.S.C. 636(b)(1)(A) (Judge Paul L. Maloney, acr) (Entered: 09/09/2019)
2019-09-0938ORDER granting 36 motion for extension of time to file objections 32 ; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 09/09/2019)
2019-09-1239STIPULATION of dismissal by plaintiff John Doe (Asch, Marc) (Entered: 09/12/2019)
2019-09-1640ORDER approving STIPULATION to dismiss case 39 ; dismissing as moot 2 motion for leave to proceed using a pseudonym and 32 Report and Recommendation; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 09/16/2019)
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