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Case TitleCury et al v. United States Department of State et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2023cv00499
Date Filed2023-04-03
Date ClosedOpen
JudgeJudge James L. Robart
PlaintiffJulio Cury
PlaintiffTakao Yamada
Case DescriptionJulio Cury and Takao Yamada submitted FOIA requests to the Department of State for records concerning why Cory's non-immigrant visa was revoked. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cory and Yamada filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Department of State
DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [12]
Opinion/Order [18]
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-031COMPLAINT against defendant(s) Department of Homeland Security, Department of State (Receipt # AWAWDC-7953299) Attorney Kelly McClanahan added to party Julio Cury(pty:pla), Attorney Kelly McClanahan added to party Takao Yamada(pty:pla) filed by Julio Cury, Takao Yamada. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - Department of State, # 3 Summons - Department of Homeland Security, # 4 Summons - U.S. Attorney, W.D. Wash., # 5 Summons - U.S. Attorney General)(McClanahan, Kelly) (Entered: 04/03/2023)
2023-04-04Judge James L. Robart added. (CR) (Entered: 04/04/2023)
2023-04-042Summons(es) Electronically Issued as to defendant(s) United States Department of Homeland Security, United States Department of State (Attachments: # 1 Summons, # 2 Summons, # 3 Summons) (CR) (Entered: 04/04/2023)
2023-04-243SERVICE OF SUMMONS and Complaint returned executed upon defendant United States Department of Homeland Security on 4/10/2023; United States Department of State on 4/17/2023 (McClanahan, Kelly) (Entered: 04/24/2023)
2023-05-174NOTICE of Appearance by attorney Nickolas Bohl on behalf of Defendants United States Department of Homeland Security, United States Department of State. (Bohl, Nickolas) (Entered: 05/17/2023)
2023-05-175ANSWER to 1 Complaint,, by United States Department of Homeland Security, United States Department of State.(Bohl, Nickolas) (Entered: 05/17/2023)
2023-05-256ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 6/29/2023, FRCP 26(f) Conference Deadline is 6/8/2023, Initial Disclosure Deadline is 6/22/2023. (AD) (Entered: 05/25/2023)
2023-06-297JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 2. (Bohl, Nickolas) (Entered: 06/29/2023)
2023-07-118MINUTE ORDER (text-only) entered upon the authority of Judge James L. Robart. The parties shall file another Joint Status Report by 8/18/2023, as stated in the parties' 7 Joint Status Report. (AD) (Entered: 07/11/2023)
2023-08-189JOINT STATUS REPORT signed by all parties. (Bohl, Nickolas) (Entered: 08/18/2023)
2023-08-2210MINUTE ORDER (text-only) entered upon the authority of Judge James L. Robart. The parties shall file another Joint Status Report by 1/26/2024, as stated in the parties' 9 Joint Status Report. (AD) (Entered: 08/22/2023)
2024-01-2611JOINT STATUS REPORT signed by all parties. (Bohl, Nickolas) (Entered: 01/26/2024)
2024-02-2812ORDER: The Agencies shall provide Plaintiffs (1) a draft Vaughn index, and (2) an accompanying affidavit, by no later than 3/22/2024. Plaintiffs shall provide the Agencies a letter response to the Vaughn index by no later than 4/5/2024. The parties shall meet and confer in good faith regarding the draft Vaughn index, the affidavit, and Plaintiffs' letter response by no later than 4/19/2024. The parties shall file a joint status report by no later than 4/26/2024. Signed by Judge James L. Robart. (SS) (Entered: 02/28/2024)
2024-04-2513NOTICE of Appearance by attorney Katie Denise Fairchild on behalf of Defendants United States Department of Homeland Security, United States Department of State. (Fairchild, Katie) (Entered: 04/25/2024)
2024-04-2514JOINT STATUS REPORT signed by all parties. (Bohl, Nickolas) (Entered: 04/25/2024)
2024-06-1315JOINT STATUS REPORT signed by all parties. (Bohl, Nickolas) (Entered: 06/13/2024)
2024-06-1716MINUTE ORDER: The Court hereby ADOPTS the schedule proposed by the parties, who are ORDERED to adhere to the deadlines set forth in the 6/13/2024 status report (Dkt. # 15 ). Authorized by Judge James L. Robart. (SS) (Entered: 06/17/2024)
2024-08-0117Stipulated MOTION for an Extension of Time , filed by Defendants United States Department of Homeland Security, United States Department of State. Noting Date 8/1/2024, (Bohl, Nickolas) (Entered: 08/01/2024)
2024-08-0218ORDER granting Parties' 17 Stipulated MOTION for an Extension of Time . Defendants will file their opening summary judgment brief on any identified issues on or before 9/27/2024. Plaintiffs will file their opposition and cross-motion, if any, on or before 10/21/2024. Defendants will file their reply and opposition to any cross-motion, if any, on or before 11/12/2024. Plaintiffs will file their reply in support of their cross-motion, if any, on or before 11/22/2024. Signed by Judge James L. Robart. (MJV) (Entered: 08/02/2024)
2024-09-1819Stipulated MOTION for an Extension of Time , filed by Defendants United States Department of Homeland Security, United States Department of State. Noting Date 9/18/2024, (Bohl, Nickolas) (Entered: 09/18/2024)
2024-09-1920ORDER granting Parties' 19 Stipulated MOTION for an Extension of Time . Defendants' opening summary judgment brief due by 10/11/2024, Plaintiffs opposition and cross-motion due by 11/8/2024, Defendants reply and opposition to cross-motion, if any, due 11/29/2024, Plaintiffs reply in support of their cross-motion, if any, due 12/10/2024. Signed by Judge James L. Robart. (MJV) (Entered: 09/19/2024)
2024-10-1121MOTION for Summary Judgment , filed by Defendants United States Department of Homeland Security, United States Department of State. (Attachments: # 1 Proposed Order) Noting Date 5/6/2025 4/14/2025 2/18/2025 2/7/2025 12/10/2024 11/12/2024 (Bohl, Nickolas) Modified noting date on 10/30/2024 (MJV). Modified noting date on 12/4/2024 (TE). Modified noting date per order on 1/8/2025 (TE). Modified noting date per order on 1/16/2025 (TE). Modified noting date on 3/4/2025 (MJV). (Entered: 10/11/2024)
2024-10-1122DECLARATION of Timothy J. Kootz filed by Defendants United States Department of Homeland Security, United States Department of State re 21 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Bohl, Nickolas) (Entered: 10/11/2024)
2024-10-1123DECLARATION of Patrick Howard filed by Defendants United States Department of Homeland Security, United States Department of State re 21 MOTION for Summary Judgment (Attachments: # 1 SEALED Exhibit 1, # 2 Exhibit 2)(Bohl, Nickolas) Sealed Exhibit 1 on 10/15/2024 per phone call from counsel (SB). (Entered: 10/11/2024)
2024-10-1124Stipulated MOTION to Seal Dkt. #23-1 , filed by Plaintiffs Julio Cury, Takao Yamada. (Attachments: # 1 Proposed Order) Noting Date 10/11/2024, (McClanahan, Kelly) (Entered: 10/11/2024)
2024-10-1525ORDER granting Plaintiffs' 24 Stipulated MOTION to Seal Dkt. # 23 -1. Signed by Judge James L. Robart. (TE) (Entered: 10/15/2024)
2024-10-30Noting Date Set/Reset by Clerk re 21 MOTION for Summary Judgment: Noting Date set for 12/10/2024, per the parties' stipulated briefing schedule (Dkt. # 20 ) (MJV) (Entered: 10/30/2024)
2024-11-0826Stipulated MOTION for Extension , filed by All Parties. Noting Date 11/8/2024, (McClanahan, Kelly) (Entered: 11/08/2024)
2024-11-1227ORDER granting 26 STIPULATION FOR AN EXTENSION OF TIME. Plaintiffs will file their opposition and cross-motion, if any, on or before 1/3/2025. Defendants will file their reply and opposition to any cross-motion on or before 1/24/2025. Plaintiffs will file their reply in support of any cross-motion on or before 2/7/2025. Signed by Judge James L. Robart. (TE) (Entered: 11/12/2024)
2024-12-04Noting Date Reset re 21 MOTION for Summary Judgment for 2/7/2025 per Order 27 . (TE) (Entered: 12/04/2024)
2024-12-3028Unopposed MOTION for Extension of Time re 21 MOTION for Summary Judgment , filed by All Plaintiffs. (Attachments: # 1 Proposed Order) Noting Date 12/30/2024, (McClanahan, Kelly) (Entered: 12/30/2024)
2024-12-3129ORDER granting Unopposed 28 Motion for Extension of Time and adopting the proposed schedule. Signed by Judge James L. Robart. (TE) (Entered: 12/31/2024)
2025-01-0830Unopposed MOTION for Extension of Time re 21 MOTION for Summary Judgment , filed by Plaintiffs Julio Cury, Takao Yamada. (Attachments: # 1 Proposed Order) Noting Date 1/8/2025, (McClanahan, Kelly) (Entered: 01/08/2025)
2025-01-0831ORDER granting Unopposed 30 Motion for Extension of Time. The schedule proposed in Plaintiffs' Motion is adopted. The Clerk is DIRECTED to update the noting date for Defendants' motion for summary judgment (Dkt. # 21 ) to 2/18/2025. Signed by Judge James L. Robart. (TE) (Entered: 01/08/2025)
2025-01-1432Unopposed MOTION to Seal Certain Exhibits , filed by Plaintiffs Julio Cury, Takao Yamada. (Attachments: # 1 Proposed Order) Noting Date 1/14/2025, (McClanahan, Kelly) (Entered: 01/14/2025)
2025-01-1533ORDER granting 32 Unopposed Motion for Leave to File Sealed Exhibits. Signed by Judge James L. Robart. (TE) (Entered: 01/15/2025)
2025-01-1534Stipulated MOTION for an Extension of Time , filed by Defendants United States Department of State, United States Department of Homeland Security. Noting Date 1/15/2025 (Bohl, Nickolas) (Entered: 01/15/2025)
2025-01-1635ORDER granting 34 Stipulated Motion for an Extension of Time. The parties have stipulated to and propose to extend the current briefing schedule by approximately six weeks. Plaintiffs will file an opposition and potential cross-motion for summary judgment limited to whether State Department's withholdings pursuant to 5 U.S.C. § 552(b)(3) prior to 12/31/2011 were proper. That motion will be filed on or before 3/3/2025. Defendant State Department will file its reply and opposition to any cross-motion on or before 3/24/2025. Plaintiffs will file their reply in support of any cross-motion on or before 4/14/2025. Signed by Judge James L. Robart. (TE) (Entered: 01/16/2025)
2025-03-0336Stipulated MOTION for Extension of Time re 21 MOTION for Summary Judgment , filed by Plaintiffs Julio Cury, Takao Yamada. Noting Date 3/3/2025, (McClanahan, Kelly) (Entered: 03/03/2025)
2025-03-0437ORDER granting Parties' 36 Stipulated Motion for Extension of Time. The Clerk is DIRECTED to update the noting date for Defendants' motion for summary judgment (Dkt. # 21 ) to 5/6/2025. Signed by Judge James L. Robart. (MJV) (Entered: 03/04/2025)
2025-03-2538RESPONSE, by Plaintiffs Julio Cury, Takao Yamada, to 21 MOTION for Summary Judgment . Oral Argument Requested. (Attachments: # 1 Exhibit A - State 89 (excerpt), # 2 Proposed Order)(McClanahan, Kelly) (Entered: 03/25/2025)
2025-03-2539SEALED DOCUMENT by Plaintiffs Julio Cury, Takao Yamada re 33 Order on Motion to Seal, 38 Response to Motion (Attachments: # 1 Exhibit B - State 84, # 2 Exhibit C - State 59-83)(McClanahan, Kelly) (Entered: 03/25/2025)
2025-03-2540CROSS MOTION AND RESPONSE re 21 MOTION for Summary Judgment , filed by Plaintiffs Julio Cury, Takao Yamada. Oral Argument Requested. (Attachments: # 1 Exhibit A - State 89 (excerpt), # 2 Proposed Order) Noting Date 5/6/2025, (McClanahan, Kelly) (Entered: 03/25/2025)
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by FOIA Project Staff
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