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Case TitleCrabtree v. Mayorkas
DistrictNorthern District of California
CitySan Francisco
Case Number3:2023cv00745
Date Filed2023-02-18
Date Closed2024-05-17
JudgeMagistrate Judge Joseph C. Spero
PlaintiffKevin Michael Crabtree
Case DescriptionKevin Crabtree submitted a FOIA request to the Department of Homeland Security for records concerning what evidence established when the underlying benefit application is pending in Immigration Court. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Crabtree filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantAlejandro Mayorkas
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-181COMPLAINT for Violation of the Freedom of Information Act against All Defendants ( Filing fee $ 402, receipt number BCANDC-18003713.). Filed byKevin Michael Crabtree. (Attachments: # 1 Exhibit USCIS Acknowledgement of FOIA Request, # 2 Exhibit Requestor's change of address and status inquiry, # 3 Exhibit USCIS email proposing to admnistratively close FOIA request, # 4 Exhibit Requestor's email expressing still interested in FOIA request, # 5 Civil Cover Sheet)(Crabtree, Kevin) (Filed on 2/18/2023) (Entered: 02/18/2023)
2023-02-182Proposed Summons. (Crabtree, Kevin) (Filed on 2/18/2023) (Entered: 02/18/2023)
2023-02-213Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/7/2023. (as, COURT STAFF) (Filed on 2/21/2023) (Entered: 02/21/2023)
2023-02-214***PLEASE DISREGARD - WRONG DOCUMENT*** Summons Issued as to Alejandro Mayorkas, U.S. Attorney and U.S. Attorney General (ark, COURT STAFF) (Filed on 2/21/2023) Modified on 3/3/2023 (jlg, COURT STAFF). (Entered: 02/21/2023)
2023-02-215Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/12/2023. Initial Case Management Conference set for 5/19/2023 02:00 PM in San Francisco, Courtroom F, 15th Floor. (ark, COURT STAFF) (Filed on 2/21/2023) (Entered: 02/21/2023)
2023-02-246CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kevin Michael Crabtree.. (Crabtree, Kevin) (Filed on 2/24/2023) (Entered: 02/24/2023)
2023-03-037Proposed Summons. (Crabtree, Kevin) (Filed on 3/3/2023) (Entered: 03/03/2023)
2023-03-038Summons Issued as to Alejandro Mayorkas. (jlg, COURT STAFF) (Filed on 3/3/2023) (Entered: 03/03/2023)
2023-04-279SUMMONS Returned Executed by Kevin Michael Crabtree. Alejandro Mayorkas served on 4/26/2023, answer due 6/26/2023. (Crabtree, Kevin) (Filed on 4/27/2023) (Entered: 04/27/2023)
2023-05-0810STIPULATION WITH PROPOSED ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE filed by Alejandro Mayorkas. (Mainardi, Andrew) (Filed on 5/8/2023) (Entered: 05/08/2023)
2023-05-0911Order. Signed 5/9/2023 by Magistrate Judge Joseph C. Spero granting 10 Stipulation to Reset Case Management Conference.(klh, COURT STAFF) (Filed on 5/9/2023) (Entered: 05/09/2023)
2023-05-09See Order 11 Set Deadlines/Hearings: Case Management Statement due by 6/16/2023. Initial Case Management Conference set for 6/23/2023 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (klh, COURT STAFF) (Filed on 5/9/2023) (Entered: 05/09/2023)
2023-05-3012ANSWER to Complaint byAlejandro Mayorkas. (Mainardi, Andrew) (Filed on 5/30/2023) (Entered: 05/30/2023)
2023-05-3113CLERK'S NOTICE Re: Consent or Declination: Defendant Mayorkas shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms . (Party/parties were also notified via telephone or email.) Consent/Declination due by 6/14/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 5/31/2023) (Entered: 05/31/2023)
2023-05-3114CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alejandro Mayorkas.. (Mainardi, Andrew) (Filed on 5/31/2023) (Entered: 05/31/2023)
2023-06-01Electronic filing error . Judge name or initials are incorrect. Counsel need not re-file the document, but should reference the correct judge name/initials on future filings.Corrected by Clerk's Office. No further action is necessary. Re: 14 Consent/Declination to Proceed Before a US Magistrate Judge filed by Alejandro Mayorkas Correct Initials JCS (klh, COURT STAFF) (Filed on 6/1/2023) (Entered: 06/01/2023)
2023-06-1615JOINT CASE MANAGEMENT STATEMENT filed by Alejandro Mayorkas. (Mainardi, Andrew) (Filed on 6/16/2023) (Entered: 06/16/2023)
2023-06-2616Minute Entry for ZOOM proceedings held before Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 6/23/2023. The deadline for defendant to review and produce responsive pages is 4/24/2024. Case Management Statement due by 5/3/2024. Further Case Management Conference set for 5/10/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Digital Recording Time: Zoom Webinar Time: 2:25-2:35. Attorney for Plaintiff: Kevin Crabtree. Attorney for Defendant: Andrew Mainardi. (klh, COURT STAFF) (Date Filed: 6/26/2023) (Entered: 06/26/2023)
2024-02-2817CLERKS NOTICE CONTINUING CASE MGMT CONFERENCE AND SETTING ZOOM HEARING. Further Case Management Conference set for 5/10/2024 is continued to 5/31/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Any party seeking a continuance shall e-file a stipulation and proposed order. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 5/29/2024 by 3:00 PM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Case Management Statement due by 5/24/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 2/28/2024) (Entered: 02/28/2024)
2024-05-1618NOTICE of Appearance by Marcelle Anne Hosack (Hosack, Marcelle) (Filed on 5/16/2024) (Entered: 05/16/2024)
2024-05-1619NOTICE of Voluntary Dismissal by Kevin Michael Crabtree (Hosack, Marcelle) (Filed on 5/16/2024) (Entered: 05/16/2024)
2024-05-1720CLERK'S NOTICE Pursuant to the Notice of Voluntary Dismissal 19 , all deadlines and hearings are VACATED and this case will be closed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 5/17/2024) (Entered: 05/17/2024)
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