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Case TitleTrujillo Diaz v. U.S. Immigration and Customs Enforcement
DistrictSouthern District of Ohio
CityCincinnati
Case Number1:2021cv00733
Date Filed2021-11-23
Date Closed2023-01-13
JudgeJudge Matthew W. McFarland
PlaintiffMaribel Trujillo Diaz
Case DescriptionMaribel Trujillo Diaz submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning her parole into the United States. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Trujillo-Diaz submitted suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-231COMPLAINT against U.S. Immigration and Customs Enforcement ( Filing fee $ 402 paid - receipt number: AOHSDC-8606681), filed by Maribel Trujillo Diaz. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Form Summons) (Kersh, Kathleen) (Entered: 11/23/2021)
2021-11-23If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh) (Entered: 11/23/2021)
2021-11-232Summons Issued as to U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General. (eh) (Main Document 2 replaced to correct duplicate summons for U.S. Attorney on 11/23/2021. NEF Regenerated.) (eh). (Entered: 11/23/2021)
2021-11-293CERTIFICATE OF MAILING BY CLERK - Certified mail service has been performed by the Clerk, U.S. District Court on November 29, 2021. A copy of the summons and complaint was sent by certified mail to the following locations: U.S. Immigration and Customs Enforcement 500 12th St., SW, Washington, D.C. 20536 (Article No. 7018 1830 0000 9538 4601); U.S. Attorney General U.S. Dept of Justice 950 Pennsylvania Avenue, NW, Washington, D.C. 20530 (Article No. 7018 1830 0000 9538 4625); U.S. Attorney for the Southern District of Ohio 221 E. 4th St., Cincinnati, Ohio 45202 (Article No. 7018 1830 0000 9538 4618) (pb) (Entered: 11/29/2021)
2021-12-134SUMMONS Returned Executed as to Defendant U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General. Defendants served on 12/6/2021, answer due 12/27/2021. (kl) (Entered: 12/13/2021)
2021-12-155SUMMONS Returned Executed as to Defendant U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General. Defendants served on 12/6/2021, answer due 2/1/2022. (kl) Modified date answer due on 12/15/2021 (kl). (Entered: 12/15/2021)
2021-12-15Notice of Correction re [FORMER DOC.4]- Please disregard former doc. 4. Document restricted by Clerk as wrong event used. Please see Doc. 5 for corrected filing. (kl) (Entered: 12/15/2021)
2021-12-15Set/Reset Deadlines: U.S. Immigration and Customs Enforcement answer due 2/1/2022. (kl) (Entered: 12/15/2021)
2021-12-306STIPULATION For Extension of Time by Defendant U.S. Immigration and Customs Enforcement. (Smarda, Jade) (Entered: 12/30/2021)
2021-12-30Reset Deadlines per doc 6 : U.S. Immigration and Customs Enforcement answer due 1/24/2022. (kh) (Entered: 12/30/2021)
2022-01-247Unopposed MOTION for Extension of Time to File Answer New date requested 2/7/2022. by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Exhibit A Proposed Order) (Smarda, Jade) (Entered: 01/24/2022)
2022-01-24Notation Order: This civil case is before the Court on Defendant's unopposed motion (Doc. 7 ) for an extension of time to answer, move, or otherwise respond to Plaintiff's complaint. For good cause shown, the motion is GRANTED. (Doc. 7 ). Defendant now has until February 7, 2022 to answer, move, or otherwise respond to the complaint. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 1/24/2022. (rrs) (Entered: 01/24/2022)
2022-02-088Unopposed MOTION for Extension of Time to File Answer New date requested 2/22/2022. by Defendant U.S. Immigration and Customs Enforcement. (Smarda, Jade) (Entered: 02/08/2022)
2022-02-08Notation Order: This civil case is before the Court on Defendant's unopposed motion (Doc. 8 ) for an extension of time to answer, move, or otherwise respond to Plaintiff's complaint. Per the motion, the parties are working on an extrajudicial resolution to the issues in the complaint. For good cause shown, the motion is GRANTED. (Doc. 8 ). Defendant now has until February 22, 2022 to answer, move, or otherwise respond to the complaint. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/8/2022. (rrs) (Entered: 02/08/2022)
2022-02-229Joint MOTION to Stay Case for 75 Days by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order) (Smarda, Jade) (Entered: 02/22/2022)
2022-02-24Notation Order: This civil matter is before the Court on the parties' joint motion (Doc. 9 ) for a stay of 75 days. The parties state they need time to conduct an agency review on a potential extrajudicial resolution. ( Id. ). For good cause shown, the motion is GRANTED. (Doc. 9 ). The case is STAYED for 75 days. If there is no resolution, Defendant shall file an answer or another responsive pleading by May 24, 2022. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/24/2022. (rrs) (Entered: 02/24/2022)
2022-02-24Set/Reset Deadlines (rrs) (Entered: 02/24/2022)
2022-04-2610NOTICE by Plaintiff Maribel Trujillo Diaz of withdrawal of counsel (Brown, Emily) (Entered: 04/26/2022)
2022-05-2411Joint MOTION to Stay Proceedings for an Additional 21 days until June 14, 2022 by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order) (Smarda, Jade) (Entered: 05/24/2022)
2022-06-0712ORDER REASSIGNING CASE. Case reassigned to Judge Matthew W. McFarland for all further proceedings. Judge Timothy S. Black no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 6/1/22. (jcw) (Entered: 06/07/2022)
2022-06-0913ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS FOR ADDITIONAL 21 DAYS (Doc. 11 ): This matter is hereby STAYED for 21 days, until June 14,2022. If the case does not resolve during the pendency of the stay, then Defendant shall file an answer or other responsive filing within fourteen (14) days of the stay' s expiration. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 06/09/2022. (kaf) (Entered: 06/09/2022)
2022-06-2814Joint MOTION to Stay Proceedings for an Additional 21 Days until July 19, 2022 by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order) (Smarda, Jade) (Entered: 06/28/2022)
2022-07-1415ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS FOR ADDITIONAL 21 DAYS (Doc. 14 ): This matter is before the Court on the Parties Joint Motion to Stay Proceedings anAdditional 21 Days (Doc. No. 14 ). Pursuant to this Courts inherent authority to manage its docket, the foregoing Motion (Doc. No. 14 ) is GRANTED. Dietz v. Bouldin, 579 U.S. 40,47, 136 S. Ct. 1885, 1892 (2016) (citing Landis v. North American Co., 299 U. S. 248, 254, 57S. Ct. 163, 81 L. Ed. 153 (1936)). This matter is hereby STAYED for 21 days, until July 20,2022. If the case does not resolve during the pendency of the stay, then Defendant shall file an answer or other responsive filing within fourteen (14) days of the stays expiration. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 07/14/2022. (kaf) (Entered: 07/14/2022)
2022-08-0216Joint MOTION to Stay Additional 21 Days by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Proposed Order) (Smarda, Jade) (Entered: 08/02/2022)
2022-08-04NOTATION ORDER: For good cause, the Court GRANTS the parties' Joint Motion to Stay Proceedings for an Additional 21 Days. This matter is hereby STAYED for 21 days from the date of this Order. If the case does not resolve during the pendency of the stay, then Defendant shall file an answer or other responsive filing within 14 days of the stay's expiration. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 08/04/2022. (kaf) (Entered: 08/04/2022)
2022-09-0617Joint MOTION to Stay Additional 21 days by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order Exhibit A Proposed Order) (Smarda, Jade) (Entered: 09/06/2022)
2022-09-0818ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS FOR 21 DAYS: This matter is before the Court on the Parties' Joint Motion to Stay Proceedingsan Additional 21 Days. Pursuant to this Court's inherent authority to manage its docket, the foregoing Motion (ECF No. 17 ) is GRANTED. Dietz v. Bouldin, 579 U.S. 40, 47, 136 S. Ct. 1885, 1892 (2016) (citing Landis v. North American Co., 299 U. S. 248, 254, 57 S. Ct. 163, 81 L. Ed. 153 (1936)). This matter is hereby STAYED for 21 days, from the date of this Order. If the case does not resolve during the pendency of the stay, then Defendant shall file an answer or other responsive filing within fourteen (14) days of the stay's expiration. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 09/08/2022. (kaf) (Entered: 09/08/2022)
2022-10-1119Joint MOTION to Stay Proceedings for an additional 21 Days - until November 1, 2022 by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - Proposed Order) (Smarda, Jade) (Entered: 10/11/2022)
2022-10-1320ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS FOR 21 DAYS: This matter is before the Court on the Parties Joint Motion to Stay Proceedings an Additional 21 Days. Pursuant to this Courts inherent authority to manage its docket, the foregoing Motion (ECF No. 19 ) is GRANTED. Dietz v. Bouldin, 579 U.S. 40, 47, 136 S. Ct. 1885, 1892 (2016) (citing Landis v. North American Co., 299 U.S. 248, 254, 57 S. Ct. 163, 81 L. Ed. 153 (1936)). This matter is hereby STAYED for 21 days, from the date of this Order. If the case does not resolve during the pendency of the stay, then Defendant shall file an answer or other responsive filing within fourteen (14) days of the stays expiration. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 10/13/2022. (kaf) (Entered: 10/13/2022)
2022-11-1521MOTION for Extension of Time to File Answer New date requested 11/28/2022. or other Responsive Filing by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order) (Smarda, Jade) (Entered: 11/15/2022)
2022-11-18NOTATION ORDER: For good cause, the Defendant's Motion for Extension to File Answer or Other Responsive Filing is GRANTED. Defendant shall file an answer or other responsive filing on or before November 28, 2022. Signed by Judge Matthew W. McFarland on 11/18/2022. (kaf) (Entered: 11/18/2022)
2022-11-2722Joint MOTION to Stay Reinstate Stay for Additional 21 Days by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order) (Smarda, Jade) (Entered: 11/27/2022)
2022-11-2823ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS FOR 21 DAYS: This matter is before the Court on the Parties' Joint Motion to Stay Proceedings an Additional 21 Days. Pursuant to this Court's inherent authority to manage its docket, the foregoing Motion (ECF No. 22 ) is GRANTED. Dietz v. Bouldin, 579 U.S. 40, 47 (2016) (citing Landis v. North American Co., 299 U. S. 248, 254, (1936)). This matter is hereby STAYED until and including December 19, 2022. If the case does not resolve during the pendency of the stay, then Defendant shall file an answer or other responsive filing within fourteen (14) days of the stay's expiration. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 11/28/2022. (kaf) (Entered: 11/28/2022)
2022-11-28Deadline reset per Doc. 23 : Stay deadline 12/19/2022. (kaf) (Entered: 11/28/2022)
2022-11-2924ORDER re 23 ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS FOR 21 DAYS (SIGNED). Signed by Judge Matthew W. McFarland on 11/28/2022. (kaf) (Entered: 11/29/2022)
2023-01-0325Unopposed MOTION for Extension of Time New date requested 1/17/2023. , Unopposed MOTION for Extension of Time to File Answer New date requested 1/17/2023. ( Responses due by 1/24/2023) by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order) (Smarda, Jade) (Entered: 01/03/2023)
2023-01-0526ORDER GRANTING UNOPPOSED MOTION OF DEFENDANT FOR EXTENSION TO ANSWER OR FILE OTHER RESPONSIVE FILING: This matter is before the Court on Defendant's Motion for 14-Day Extension to File Answer or Other Responsive Filing. For good cause shown, and consistent with Fed. R. Civ. P. 6(b)(l)(A), the Motion (ECF No. 25 ) is GRANTED. Defendant shall file an answer or other responsive filing on or before January 17, 2023. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 01/05/2023. (kaf) (Entered: 01/05/2023)
2023-01-1327CONDITIONAL ORDER OF DISMISSAL. Signed by Judge Matthew W. McFarland on 01/13/2023. (kaf) (Entered: 01/13/2023)
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