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Case TitleTOORKEY v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01648
Date Filed2022-06-07
Date Closed2023-08-21
JudgeJudge Beryl A. Howell
PlaintiffTEHMTON NARIMAN TOORKEY
Case DescriptionTehmton Nariman Toorkey submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning himself. The agency acknowledged receipt of the request. The agency disclosed records but redacted some records under Exemption 6 (invasion of privacy). Toorkey filed an administrative appeal. Toorkey then filed a complaint with the Office of Government Information Services. OGIS said it could not open a case on his complaint. After hearing nothing further from the agency, Toorkey filed suit.
Complaint issues: Exemption 6 - Invasion of privacy

DefendantCross Claimant
TEHMTON NARIMAN TOORKEY
DefendantU.S. CITIZENSHIP AND IMMIGRATION SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-071COMPLAINT against U.S. CITIZENSHIP AND IMMIGRATION SERVICES ( Filing fee $ 402, receipt number 202328) filed by TEHMTON NARIMAN TOORKEY. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet, # 3 Summons)(zeg) (Entered: 06/10/2022)
2022-06-072MOTION for CM/ECF Password by TEHMTON NARIMAN TOORKEY. (zeg) (Entered: 06/10/2022)
2022-06-10SUMMONS Not Issued as to U.S. CITIZENSHIP AND IMMIGRATION SERVICES (zeg) (Entered: 06/10/2022)
2022-06-143STANDING ORDER. Signed by Chief Judge Beryl A. Howell on June 14, 2022. (lcbah3) (Entered: 06/14/2022)
2022-06-144ORDER DENYING, without prejudice, plaintiff's 2 request for "leave of Court to file Motion to e-file for review." See Order for further details. Signed by Chief Judge Beryl A. Howell on June 14, 2022. (lcbah3) (Entered: 06/14/2022)
2022-06-265NEW Pro Se Consent To Receive Notices of Electronic Filing by TEHMTON NARIMAN TOORKEY (zeg) (Entered: 06/27/2022)
2022-06-276SUMMONS (3) Issued Electronically as to U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zeg) (Entered: 06/27/2022)
2022-07-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 7/8/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/8/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/8/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 8/7/2022.) (zed) (Entered: 08/03/2022)
2022-08-04MINUTE ORDER (paperless) DIRECTING, upon consideration of plaintiff's 5 New Pro Se Consent to Receive Notices of Electronic Filing, plaintiff to file a motion that complies with Local Civil Rule 5.4(b)(2), which governs motions of pro se parties to file electronically and consent to electronic service. If plaintiff wishes to file electronically and consent to electronic service, he "must file a written motion entitled 'Motion for CM/ECF User Name and Password,' describing the party's access to the internet, confirming the capacity to file documents and receive filings electronically on a regular basis, and certifying that he... either has successfully completed the entire Clerk's Office on-line tutorial or has been permitted to file electronically in other federal courts." LCvR 5.4(b)(2). Signed by Chief Judge Beryl A. Howell on August 4, 2022. (lbah3) (Entered: 08/04/2022)
2022-08-098MOTION for CM/ECF Password by TEHMTON NARIMAN TOORKEY. (zed) (Entered: 08/09/2022)
2022-08-12MINUTE ORDER (paperless) GRANTING, upon consideration of plaintiff's representations and compliance with D.D.C. LCvR 5.4(b)(2), plaintiff's 8 Motion for CM/ECF Password. Signed by Chief Judge Beryl A. Howell on August 12, 2022. (lcbah3) (Entered: 08/12/2022)
2022-08-229MOTION to Issue Subpoena by TEHMTON NARIMAN TOORKEY. (Attachment: # 1 Subpoenas)(zed) (Entered: 08/25/2022)
2022-08-24MINUTE ORDER (paperless) DIRECTING plaintiff to SHOW CAUSE, by August 31, 2022, why this action should not be dismissed for failure to prosecute pursuant to Local Civil Rule 83.23. The 1 Complaint was filed on June 7, 2022, and defendant U.S. Citizenship and Immigration Services was served on July 8, 2022, see 7 Return of Service/Affidavit, making defendant's answer due August 7, 2022, but no answer or other response has been timely filed and no other action has been taken in the case. Failure to comply with this order may result in this action being dismissed for failure to prosecute. Signed by Chief Judge Beryl A. Howell on August 24, 2022. (lcbah3) (Entered: 08/24/2022)
2022-08-25Set/Reset Deadlines: Plaintiff's response to the Court's Show Cause Order due by 8/31/2022. (hmc) (Entered: 08/25/2022)
2022-08-2610NOTICE of Appearance by Brenda A. Gonzalez Horowitz on behalf of U.S. CITIZENSHIP AND IMMIGRATION SERVICES (Gonzalez Horowitz, Brenda) (Entered: 08/26/2022)
2022-08-2611MOTION for Extension of Time to File Response to Plaintiff's Complaint Nunc Pro Tunc by U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 08/26/2022)
2022-08-2713MOTION for Withdrawal of Minute Order re Order, by TEHMTON NARIMAN TOORKEY. (zed) (Entered: 08/31/2022)
2022-08-2714RESPONSE re 11 MOTION for Extension of Time to File Response to Plaintiff's Complaint Nunc Pro Tunc filed by TEHMTON NARIMAN TOORKEY. (zed) (Entered: 08/31/2022)
2022-08-29MINUTE ORDER (paperless) GRANTING the government's 11 Motion for Extension of Time Nunc Pro Tunc , DIRECTING the government to respond to the 1 Complaint by September 26, 2022, and DENYING the plaintiff's 9 Motion to Issue Subpoenas because the use of subpoenas to obtain the object of the plaintiff's FOIA request is improper, including because discovery is generally not permitted in FOIA litigation. See Cole v. Rochford , 285 F. Supp. 3d 73, 76 (D.D.C. 2018) ("It is well established that discovery is rare in FOIA cases."). Signed by Chief Judge Beryl A. Howell on August 29, 2022. (lcbah3) (Entered: 08/29/2022)
2022-08-29Set/Reset Deadlines: Answer to the Complaint due by 9/26/2022. (ztg) (Entered: 08/29/2022)
2022-08-2912RESPONSE TO ORDER TO SHOW CAUSE re Order, filed by TEHMTON NARIMAN TOORKEY. "Leave to file GRANTED" Signed by Chief Judge Beryl A. Howell on 8/29/2022. (zed) (Entered: 08/30/2022)
2022-09-02MINUTE ORDER (paperless) DISCHARGING, upon consideration of the government's 11 Motion for Extension of Time and plaintiff's 12 Response to Order to Show Cause, the Court's August 24, 2022 Order to Show Cause. Signed by Chief Judge Beryl A. Howell on September 2, 2022. (lcbah3) (Entered: 09/02/2022)
2022-09-2615ANSWER to 1 Complaint by U.S. CITIZENSHIP AND IMMIGRATION SERVICES.(Gonzalez Horowitz, Brenda) (Entered: 09/26/2022)
2022-10-0516MOTION for Final Judgment by TEHMTON NARIMAN TOORKEY. (zed) (Entered: 10/07/2022)
2022-10-1117STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 10/11/2022)
2022-10-12MINUTE ORDER (paperless) DIRECTING, upon consideration of defendant's 17 Status Report, the parties to file, by December 12, 2022, a joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on October 12, 2022. (lcbah3) (Entered: 10/12/2022)
2022-10-13Set/Reset Deadlines: Joint Status Report due by 12/12/2022. (ztg) (Entered: 10/13/2022)
2022-10-2018Memorandum in opposition to re 16 Motion for Judgment filed by U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 10/20/2022)
2022-10-3019REPLY to opposition to motion re 16 MOTION for Judgment filed by TEHMTON NARIMAN TOORKEY. (zed) (Entered: 11/02/2022)
2022-10-3020MOTION to Issue Subpoena by TEHMTON NARIMAN TOORKEY. (See Docket Entry 19 to view document). (zed) (Entered: 11/02/2022)
2022-11-02MINUTE ORDER (paperless) DENYING plaintiff's 20 Motion to Issue Subpoena for the reasons already explained in this Court's Aug. 29, 2022 Minute Order. Signed by Chief Judge Beryl A. Howell on November 2, 2022. (lcbah3) (Entered: 11/02/2022)
2022-12-0821MOTION for Final Judgment by TEHMTON NARIMAN TOORKEY. (znmw) (Entered: 12/08/2022)
2022-12-1222Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 12/12/2022)
2022-12-13MINUTE ORDER (paperless), in light of the parties' 22 Joint Status Report, DIRECTING the parties to comply with the following scheduling order to govern further proceedings: (1) by February 14, 2023, defendant shall file any opposition to plaintiff's 21 Motion for Final Judgment, and any cross-motion for summary judgment; (2) by March 17, 2023, plaintiff shall file any opposition to the defendant's cross-motion for summary judgment and reply in support of his 21 Motion for Final Judgment; and (3) by April 7, 2023, defendant shall file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on December 13, 2022. (lcbah3) (Entered: 12/13/2022)
2022-12-14Set/Reset Deadlines: Defendant's opposition to plaintiff's motion for final judgment and cross-motion for summary judgment due by 2/14/2023. Plaintiff's opposition to defendant's cross-motion and reply in support of its motion for final judgment due by 3/17/2023. Defendant's reply in support of its cross-motion due by 4/7/2023. (hmc) (Entered: 12/14/2022)
2023-02-1423Memorandum in opposition to re 21 Motion for Judgment and Cross-Motion for Summary Judgment filed by U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Statement of Facts, # 2 Declaration of Cynthia Munita, # 3 Text of Proposed Order)(Gonzalez Horowitz, Brenda) (Entered: 02/14/2023)
2023-02-1424MOTION for Summary Judgment by U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Statement of Facts, # 2 Declaration of Cynthia Munita, # 3 Text of Proposed Order)(Gonzalez Horowitz, Brenda) (Entered: 02/14/2023)
2023-02-1625MOTION to Clarify 23 Memorandum in opposition 24 MOTION for Summary Judgment Clarification on Docs 23,24 by TEHMTON NARIMAN TOORKEY.(TOORKEY, TEHMTON) Modified docket event/text on 2/17/2023 (zed). (Entered: 02/16/2023)
2023-03-1426First MOTION to Appoint Special Master to verify Documents with Defendant by TEHMTON NARIMAN TOORKEY. (Attachments: # 1 Memorandum in Support Birth announcements & letters written by Ms Herzog, # 2 Memorandum in Support Defendant's rationale in case 93:cr 00346)(TOORKEY, TEHMTON) (Entered: 03/14/2023)
2023-03-1427Amended MOTION to Appoint Special Master Earlier filing Document No 26 inadvertantly remained unsigned. Hence this amendment. All other contents remain same. by TEHMTON NARIMAN TOORKEY. (Attachments: # 1 Appendix Birth announcements & letters written by Ms Herzog, # 2 Appendix Defendant's rationale in case 93:cr 00346)(TOORKEY, TEHMTON) (Entered: 03/14/2023)
2023-03-21MINUTE ORDER (paperless) ADVISING plaintiff, pursuant to Fox v. Strickland , 837 F.2d 507, 509 (D.C. Cir. 1988), that "when a [party] files an opposition to a dispositive motion and addresses only certain arguments raised by the [movant], a court may treat those arguments that the [party] failed to address as conceded." Hopkins v. Women's Div., General Bd. of Global Ministries , 284 F. Supp. 2d 15, 25 (D.D.C. 2003), aff'd , 98 F. App'x 8 (D.C. Cir. 2004) (citing FDIC v. Bender , 127 F.3d 58, 67-68 (D.C. Cir. 1997)) (other citation omitted). Plaintiff is DIRECTED to file any supplemental memorandum in opposition to defendant's 24 Motion for Summary Judgment by 5 p.m. on April 4, 2023. Signed by Judge Beryl A. Howell on March 21, 2023. (lcbah3) (Entered: 03/21/2023)
2023-03-22Set/Reset Deadlines: Plaintiff's supplemental memorandum in opposition to defendant's 24 Motion for Summary Judgment due by 5:00 p.m. on 4/4/2023. (ztg) (Entered: 03/22/2023)
2023-03-2728SUPPLEMENTAL MEMORANDUM re 24 Motion for Summary Judgment by TEHMTON NARIMAN TOORKEY. (Attachments: # 1 Supplement Supplemental Memorandum in opposition to Defendant's 24 Motion for summary Judgement)(TOORKEY, TEHMTON) Modified event title and link on 4/4/2023 (znmw). (Entered: 03/27/2023)
2023-03-2729Memorandum in opposition to re 27 Motion to Appoint Special Master, filed by U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 03/27/2023)
2023-03-2830REPLY to Opposition to motion re 27 MOTION to Appoint Special Master by TEHMTON NARIMAN TOORKEY.(TOORKEY, TEHMTON) Modified event title and link on 4/4/2023 (znmw). (Entered: 03/28/2023)
2023-04-0731REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 March 17, 2023 ICE Response)(Gonzalez Horowitz, Brenda) (Entered: 04/07/2023)
2023-04-1732SURREPY re 31 Defendants filing ECF 31 by TEHMTON NARIMAN TOORKEY. (Attachments: # 1 Appendix Citation based reply to Defendant's motion for Summary Judgement)(TOORKEY, TEHMTON) Modified event title on 4/20/2023 (znmw). (Entered: 04/17/2023)
2023-05-1633MOTION to Appoint Master by TEHMTON NARIMAN TOORKEY. (znmw) (Entered: 05/16/2023)
2023-05-1634NOTICE OF SUBSTITUTION OF COUNSEL by B. Kathryn Debrason on behalf of U.S. CITIZENSHIP AND IMMIGRATION SERVICES Substituting for attorney Brenda Gonzlez Horowitz (Debrason, B. Kathryn) (Entered: 05/16/2023)
2023-06-1135Amended MOTION to Appoint Special Master or an in camera review by TEHMTON NARIMAN TOORKEY. (TOORKEY, TEHMTON) (Entered: 06/11/2023)
2023-07-0936Proposed MOTION for Order for an in camera review by TEHMTON NARIMAN TOORKEY. (TOORKEY, TEHMTON) (Entered: 07/09/2023)
2023-07-2437RESPONSE NOTICE OF CONTINUED OPPOSITION TO PLAINTIFFS MOTION FOR APPOINTMENT OF A SPECIAL MASTER by U.S. CITIZENSHIP AND IMMIGRATION SERVICES re 36 Motion for Order, 30 Answer to Complaint, 26 Motion to Appoint Special Master, 27 Motion to Appoint Special Master, 35 Motion to Appoint Special Master, 33 Motion to Appoint Special Master, 29 Memorandum in Opposition (Debrason, B. Kathryn) Modified event title on 7/27/2023 (znmw). (Entered: 07/24/2023)
2023-08-0138SURREPLY to re 37 DEFENDANTS NOTICE OF CONTINUED OPPOSITION TO PLAINTIFFS MOTION FOR APPOINTMENT OF A SPECIAL MASTER filed by TEHMTON NARIMAN TOORKEY. (TOORKEY, TEHMTON) Modified to add link on 8/1/2023 (znmw). (Entered: 08/01/2023)
2023-08-0939NOTICE OF CONTINUED OPPOSITION TO PLAINTIFFS MOTION FOR APPOINTMENT OF A SPECIAL MASTER by U.S. CITIZENSHIP AND IMMIGRATION SERVICES (Debrason, B.) (Entered: 08/09/2023)
2023-08-1840MEMORANDUM OPINION AND ORDER GRANTING defendant's 24 Motion for Summary Judgment and DENYING plaintiff's 16 First Motion for Final Judgment and 21 Second Motion for Final Judgment. See Order for further details. The Clerk of Court is directed to close this case. Signed by Judge Beryl A. Howell on August 18, 2023. (lcbah2) (Entered: 08/18/2023)
2023-08-2141CLERK'S JUDGMENT in favor of Defendant against Plaintiff. Signed by Judge Beryl A. Howell on 08/21/23. (mac) (Entered: 08/21/2023)
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