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Case TitleRasidah Kutbibhai et al v. Executive Office for Immigration Review et al
DistrictCentral District of California
CitySouthern Division - Santa Ana
Case Number8:2023cv00541
Date Filed2023-03-24
Date Closed2023-05-26
JudgeMagistrate Judge Steve Kim
PlaintiffRasidah Kutbibhai
PlaintiffNoe Diaz Perez
PlaintiffWilson Benavente Chan
Case DescriptionRasidah Kutbibhai, Noe Diaz Perez, and Wilson Benavente Chan submitted FOIA requests to the Executive Office for Immigration Review for records concerning their immigration status. The agency acknowledged receipt of the requests. However, after hearing nothing further from the agency concerning any of their requests, Kutbibhai, Diaz Perez, and Benavente Chan filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantExecutive Office for Immigration Review EOIR
DefendantExecutive Office for Immigration Review an agency of the Department of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-241COMPLAINT Receipt No: ACACDC-35018331 - Fee: $402, filed by Plaintiff Rasidah KUTBIBHAI, Wilson BENAVENTE CHAN, Noe DIAZ PEREZ. (Attorney Megan A Brewer added to party Wilson BENAVENTE CHAN(pty:pla), Attorney Megan A Brewer added to party Noe DIAZ PEREZ(pty:pla), Attorney Megan A Brewer added to party Rasidah KUTBIBHAI(pty:pla))(Brewer, Megan) (Entered: 03/24/2023)
2023-03-242Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Wilson BENAVENTE CHAN, Noe DIAZ PEREZ, Rasidah KUTBIBHAI. (Brewer, Megan) (Entered: 03/24/2023)
2023-03-243NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Brewer, Megan) (Entered: 03/24/2023)
2023-03-244CIVIL COVER SHEET filed by Plaintiffs Wilson BENAVENTE CHAN, Noe DIAZ PEREZ, Rasidah KUTBIBHAI. (Brewer, Megan) (Entered: 03/24/2023)
2023-03-275NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (jtil) (Entered: 03/27/2023)
2023-03-276NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 03/27/2023)
2023-03-277Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 03/27/2023)
2023-03-278INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE by Judge David O. Carter. (kdu) (Entered: 03/27/2023)
2023-03-289NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil) (Entered: 03/28/2023)
2023-03-2810Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Wilson Benavente Chan, Noe Diaz Perez, Rasidah Kutbibhai. (Brewer, Megan) (Entered: 03/28/2023)
2023-03-281160 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Executive Office for Immigration Review. (twdb) (Entered: 03/28/2023)
2023-04-0712PROOF OF SERVICE Executed by Plaintiff Rasidah Kutbibhai, Wilson Benavente Chan, Noe Diaz Perez, upon Defendant Executive Office for Immigration Review served on 3/31/2023, answer due 5/30/2023. Service of the Summons and Complaint were Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. (Attachments: # 1 Exhibit certified mail tracking)(Brewer, Megan) (Entered: 04/07/2023)
2023-04-1213Notice of Appearance or Withdrawal of Counsel: for attorney Wei Tai counsel for Defendant Executive Office for Immigration Review. Adding Wei Kit (Ricky) Tai as counsel of record for Executive Office for Immigration Review for the reason indicated in the G-123 Notice. Filed by Defendant Executive Office for Immigration Review. (Attorney Wei Tai added to party Executive Office for Immigration Review(pty:dft))(Tai, Wei) (Entered: 04/12/2023)
2023-04-1214NOTICE OF LODGING filed CV-11D Form - Consent to Proceed Before A U.S. Magistrate Judge re Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form 7 (Attachments: # 1 Proposed CV-11D Form)(Tai, Wei) (Entered: 04/12/2023)
2023-04-1215CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 18-11 is approved by District Judge David O. Carter and Magistrate Judge Steve Kim. This case is hereby reassigned to Magistrate Judge Steve Kim for all further proceedings. Case number will now read 8:23-cv-00541-SK. (aco) (Entered: 04/12/2023)
2023-04-1316(IN CHAMBERS) STANDING ORDER by Magistrate Judge Steve Kim. (see document for details) (hr) (Entered: 04/13/2023)
2023-04-2817STIPULATION Extending Time to Answer the complaint as to re Complaint (Attorney Civil Case Opening), 1 filed by Defendant Executive Office for Immigration Review.(Tai, Wei) (Entered: 04/28/2023)
2023-05-2618NOTICE of Voluntary Dismissal filed by Plaintiffs Wilson Benavente Chan, Noe Diaz Perez, Rasidah Kutbibhai. (Brewer, Megan) (Entered: 05/26/2023)
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