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Case TitleBermudez v. U S Dept of Justice Executive Office for Immigration Review
DistrictWestern District of Louisiana
CityAlexandria
Case Number1:2022cv01032
Date Filed2022-04-19
Date Closed2023-09-06
JudgeJudge Robert R Summerhays
PlaintiffEmanuel Luzardo Bermudez
Case DescriptionEmanuel Luzardo Bermudez submitted a FOIA request to the Department of Justice's Executive Office for Immigration Review for records concerning his immigration removal proceeding case file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Luzardo Bermudez filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU S Dept of Justice Executive Office for Immigration Review
AppealFifth Circuit 24-30617
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [15]
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-191COMPLAINT against U S Dept of Justice Executive Office for Immigration Review (Filing fee $402, receipt number ALAWDC-5073347) filed by Emanuel Luzardo Bermudez. (Attachments: # 1 Civil cover sheet, # 2 Proposed summons/writ, # 3 Proposed summons/writ, # 4 Proposed summons/writ)(Attorney Michael Wayne Gahagan added to party Emanuel Luzardo Bermudez(pty:pla))(aty,Gahagan, Michael) Modified docket text on 4/20/2022 (Miletello, A). (Entered: 04/19/2022)
2022-04-19CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Joseph H L Perez-Montes. (crt,Miletello, A) (Entered: 04/20/2022)
2022-04-202SUMMONS ISSUED as to U S Attorney, U S Attorney General, Secretary of Dept of Homeland Security. (crt,Miletello, A) (Entered: 04/20/2022)
2022-04-213ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 4/21/2022. (jud,Perez-Montes, Joseph) (Entered: 04/21/2022)
2022-05-104SUMMONS Returned Executed by Emanuel Luzardo Bermudez U S Dept of Justice Executive Office for Immigration Review served on 5/2/2022, answer due 7/1/2022. (Attachments: # 1 Affidavit, # 2 Affidavit)(aty,Gahagan, Michael) (Entered: 05/10/2022)
2022-06-015First MOTION for Summary Judgment by Emanuel Luzardo Bermudez. (Attachments: # 1 Statement of material facts, # 2 Memorandum / Brief, # 3 Proposed order, # 4 Exhibit, # 5 Exhibit)(aty,Gahagan, Michael) (Entered: 06/01/2022)
2022-06-026NOTICE of Motion Setting regarding: 5 First MOTION for Summary Judgment . Motions referred to Judge Elizabeth E Foote. (crt,Crick, S) (Entered: 06/02/2022)
2022-06-027NOTICE of Appearance by Desiree C Williams on behalf of U S Dept of Justice Executive Office for Immigration Review (Attorney Desiree C Williams added to party U S Dept of Justice Executive Office for Immigration Review(pty:dft)) (aty,Williams, Desiree) (Entered: 06/02/2022)
2022-06-228MEMORANDUM in Opposition re 5 First MOTION for Summary Judgment filed by U S Dept of Justice Executive Office for Immigration Review. (Attachments: # 1 Exhibit Govt Ex. A Santiago Declaration with attachments, # 2 Statement of material facts)(aty,Williams, Desiree) (Entered: 06/22/2022)
2022-06-309ANSWER to 1 Complaint, by U S Dept of Justice Executive Office for Immigration Review.(aty,Williams, Desiree) (Entered: 06/30/2022)
2022-09-2210ELECTRONIC MINUTE ENTRY: A Scheduling Conference is set for 10/19/2022 at 2:00 PM by video conference before the undersigned. The parties are to file a Joint Rule 26f on or before 10/12/2022. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 9/22/2022. (crt,Tice, Y) (Entered: 09/22/2022)
2022-09-2311ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Judge Robert R Summerhays. Judge Elizabeth E Foote no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Chief Judge S Maurice Hicks, Jr on 9/23/2022. (crt,Whidden, C) (Entered: 09/23/2022)
2022-10-0612MINUTE ENTRY REFERRING MOTION: 5 First MOTION for Summary Judgment filed by Emanuel Luzardo Bermudez. Motions referred to Magistrate Judge Joseph H L Perez-Montes. Issued by Judge Robert R Summerhays on 10/6/2022. (crt,Craig-Fontenot, C) (Entered: 10/07/2022)
2022-10-06Motions Transferred regarding 5 First MOTION for Summary Judgment . Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Craig-Fontenot, C) (Entered: 10/07/2022)
2022-10-1713ELECTRONIC MINUTE ENTRY: Upon request of parties, the Scheduling Conference currently set for 10/19/2022 is CONTINUED WITHOUT DATE. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 10/17/2022. (crt,Tice, Y) (Entered: 10/17/2022)
2023-08-2214REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Emanuel Luzardo Bermudez, 5 First MOTION for Summary Judgment filed by Emanuel Luzardo Bermudez - Based on the foregoing IT IS RECOMMENDED that Bermudez's Motion for Summary Judgment (ECF No. 5) be DENIED AS MOOT. IT IS FURTHER RECOMMENDED that Bermudez's action be DISMISSED AS MOOT. Objections to R&R due by 9/5/2023. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 8/22/2023. (crt,Tice, Y) (b) (Entered: 08/22/2023)
2023-09-0615JUDGMENT adopting 14 Report and Recommendations; denying as moot 5 Motion for Summary Judgment. IT IS FURTHER ORDERED that this suit be DISMISSED, as all claims are now moot. Signed by Judge Robert R Summerhays on 9/6/2023. (crt,Taylor, L) (Entered: 09/06/2023)
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