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Case TitleThe State of Missouri ex rel Bailey v. United States Department of Homeland Security
DistrictEastern District of Missouri
CitySt. Louis
Case Number4:2024cv01050
Date Filed2024-07-30
Date ClosedOpen
JudgeMagistrate Judge Joseph S. Dueker
PlaintiffState of Missouri
Case DescriptionThe State of Missouri submitted FOIA requests to the Department of Homeland Security for records concerning allegations that the Biden administration was flying non-citizens from Arizona, California, New Mexico, and Texas to interior states such as Missouri. The agency acknowledged receipt of the request. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Missouri filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-07-301COMPLAINT for Declaratory and Injunctive Relief under the Freedom of Information Act against defendant United States Department of Homeland Security in the amount of $405.00 receipt number 21668, Non-Jury Demand,, filed by The State of Missouri ex rel.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Original Filing Form, # 5 Summons US Dept. of Homeland Security, # 6 Summons US AG, # 7 Summons US EDMO)(Scott, Todd) (Attachment 3 replaced on 7/30/2024 due to fillable PDF error) (JWD). Modified on 7/31/2024 to add receipt information (JWD). (Entered: 07/30/2024)
2024-07-31Case Opening Notification. Judge Assigned: Honorable Joseph S. Dueker. 3 Summons(es) issued and emailed to attorney Todd Scott. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click here for the instructions. (JWD) (Entered: 07/31/2024)
2024-07-312Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto) (Entered: 07/31/2024)
2024-07-314Receipt: $ 405.00, receipt number 21668 Civil Filing Fee- Non-Prisoner on behalf of Missouri Attorney General Office (CCAM). (auto) (Entered: 08/07/2024)
2024-08-023AFFIDAVIT of Service by Relator Andrew Bailey, Plaintiff State of Missouri. (Attachments: # 1 Exhibit A)(Scott, Todd) (Entered: 08/02/2024)
2024-08-125ENTRY of Appearance by Andrew Jacob Crane for Relator Andrew Bailey, Plaintiff State of Missouri. (Crane, Andrew) (Entered: 08/12/2024)
2024-09-166ENTRY of Appearance by Simon Gregory Jerome for Defendant United States Department of Homeland Security. (Jerome, Simon) (Entered: 09/16/2024)
2024-09-167ANSWER to 1 Complaint,, by United States Department of Homeland Security.(Jerome, Simon) (Entered: 09/16/2024)
2024-09-188ENTRY of Appearance by Christian Daniel for Defendant United States Department of Homeland Security. (Daniel, Christian) (Entered: 09/18/2024)
2024-09-19Notice from Clerk instructing Defendant United States Department of Homeland Security to submit Notice regarding Magistrate Judge Jurisdiction. Click here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 9/26/2024. (CLT) (Entered: 09/19/2024)
2024-09-199MOTION to Withdraw as Attorney re attorney/firm Simon G. Jerome by Defendant United States Department of Homeland Security. (Jerome, Simon) (Entered: 09/19/2024)
2024-09-2010IT IS HEREBY ORDERED that Simon Gregory Jerome's Motion to Withdraw as Counsel (ECF No. 9) is GRANTED. Signed by Magistrate Judge Joseph S. Dueker on 9/20/24. (JXB) (Entered: 09/20/2024)
2024-09-2611FULL CONSENT has been received by Relator Andrew Bailey, Plaintiff State of Missouri, Defendant United States Department of Homeland Security. (KJS) (Entered: 09/26/2024)
2024-09-2712RULE 16 ORDER This case is assigned to Track: Track 2: Standard Joint Scheduling Plan due by 10/9/2024. Rule 16 Conference set for 10/16/2024 10:30 AM in Zoom Video Conference before Magistrate Judge Joseph S. Dueker.. Signed by Magistrate Judge Joseph S. Dueker on 9/27/24. (KJS) (Entered: 09/27/2024)
2024-10-0913JOINT SCHEDULING PLAN by Relator Andrew Bailey, Plaintiff State of Missouri. with consent from counsel for Defendant . (Attachments: # 1 Text of Proposed Order Joint Proposed Scheduling Order)(Crane, Andrew) (Entered: 10/09/2024)
2024-10-1114Docket Text ORDER: The Rule 16 Conference set for 10/16/2024 10:30 AM is hereby VACATED. Signed by Magistrate Judge Joseph S. Dueker on 10/11/2024. (CLT) (Entered: 10/11/2024)
2024-10-1115ORDER: Upon consideration of the parties' Joint Proposed Scheduling Plan, it is hereby ORDERED that the parties file a joint status report on or by November 8, 2024, and every sixty days thereafter until further order of the Court, setting out the current status of Defendant's processing of the FOIA requests at issue, and the parties' proposal for next steps in this case. Any joinder of parties shall be accomplished by November 8, 2024. (Status Report due by 11/8/2024.) Signed by Magistrate Judge Joseph S. Dueker on 10/11/2024. (CLT) (Entered: 10/11/2024)
2024-11-0816STATUS REPORT (Joint) by United States Department of Homeland Security. (Daniel, Christian) (Entered: 11/08/2024)
2025-01-0717STATUS REPORT (Joint) by United States Department of Homeland Security. (Daniel, Christian) (Entered: 01/07/2025)
2025-03-1018STATUS REPORT (Joint) by United States Department of Homeland Security. (Daniel, Christian) (Entered: 03/10/2025)
2025-05-0919STATUS REPORT (Joint) by United States Department of Homeland Security. (Daniel, Christian) (Entered: 05/09/2025)
2025-07-0820STATUS REPORT (Joint) by United States Department of Homeland Security. (Daniel, Christian) (Entered: 07/08/2025)
2025-07-1521ENTRY of Appearance by M. Jared Littman for Defendant United States Department of Homeland Security. (Littman, M. Jared) (Entered: 07/15/2025)
2025-07-1522MOTION to Withdraw as Attorney re attorney/firm Christian S. Daniel by Defendant United States Department of Homeland Security. (Daniel, Christian) (Entered: 07/15/2025)
2025-07-1523Docket Text ORDER: Re: 22 MOTION to Withdraw as Attorney re attorney/firm Christian S. Daniel by Defendant United States Department of Homeland Security. (Daniel, Christian) filed by United States Department of Homeland Security ; ORDERED GRANTED. Attorney Christian Daniel terminated.. Signed by Magistrate Judge Joseph S. Dueker on 7/15/2025. (JMP) (Entered: 07/15/2025)
2025-07-3024STIPULATION - JOINT STIPULATION OF DISMISSAL by Relator Andrew Bailey, Plaintiff State of Missouri. (Scott, Todd) (Entered: 07/30/2025)
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