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Case TitleIraqi Refugee Assistance Project v. United States Department of Homeland Security
DistrictSouthern District of New York
CityFoley Square
Case Number1:2012cv03461
Date Filed2012-05-01
Date Closed2017-03-27
JudgeJudge P. Kevin Castel
PlaintiffIraqi Refugee Assistance Project
DefendantUnited States Department of Homeland Security
DefendantUnited States Department of State
Documents
Docket
Complaint
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Opinion/Order [72]
FOIA Project Annotation: After conducting an in camera review of ten sample trip reports, a federal court in New York has ruled that the U.S. Refugee Admission Program, part of U.S. Citizenship and Immigration Services, properly redacted the trip reports under Exemption 5 (privileges) and Exemption 7(E) (investigative methods and techniques). Because the Iraqi Refugee Assistance Project challenged the agency's heavy redactions, Judge P. Kevin Castel decided to review a sample of ten trip reports in camera. Although the agency argued in camera review was unnecessary, Castel noted initially that "the in camera review of the disputed material has been essential to deciding this motion. Although the Vaughn Index provides accurate and good-faith descriptions of the redacted contents, it discusses them in broad terms, as is warranted given the potentially sensitive nature of some of the subject matter. Absent in camera review, the Court would be unable to make adequate findings as to the DHS's claimed FOIA exemptions and whether the discussions contain segregable factual content." Ruling in favor of the agency, Castel observed that "the Court comfortably concludes that the redactions are narrowly applied to contents that include the internal formulation of policy, techniques and procedures for law enforcement, and/or law enforcement guidelines. If disclosed, many of the redacted discussions, and specifically the discussions of law enforcement guidelines, would facilitate applicant fraud and undermine USCIS fraud-detection practices." Describing redactions made to applicant interviews under Exemption 7(E), Castel pointed out that they "raised suspicion of fraudulent accounts, including certain applicant common themes suspected of being a product of potentially fraudulent applications. The discussions are detailed and specific, and give guidance for scrutinizing potentially fraudulent applications. Under Exemption 7(E), the enforcement guidelines include information that, if disclosed, could help applicants evade investigator techniques and thus circumvent the law."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 7(E) - Investigative methods or techniques, Litigation - In camera review
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-05-011COMPLAINT against United States Department of Homeland Security. (Filing Fee $ 350.00, Receipt Number 6957)Document filed by Iraqi Refugee Assistance Project.(ama) (Additional attachment(s) added on 5/2/2012: # 1 ex 1, # 2 ex 2, # 3 ex 3, # 4 ex 4, # 5 ex 5, # 6 ex 6, # 7 ex 7, # 8 ex 8, # 9 ex 9, # 10 ex 10-a, # 11 ex 10b, # 12 ex 11a, # 13 ex 11b, # 14 ex 12, # 15 ex 13, # 16 ex 14, # 17 ex 15a, # 18 ex 15b, # 19 ex 15c, # 20 ex 15d, # 21 ex 15e, # 22 ex 15 f, # 23 ex15g, # 24 ex 15h, # 25 ex 15 i, # 26 ex 15k, # 27 ex 15 k, # 28 ex 15 l, # 29 ex 15m, # 30 ex 15n, # 31 ex 15 o, # 32 ex 15 p, # 33 ex 15 q, # 34 ex 15 r, # 35 ex 15 s, # 36 ex 16, # 37 ex 17, # 38 ex 18, # 39 ex 19, # 40 ex 20) (ama). (Entered: 05/01/2012)
2012-05-01SUMMONS ISSUED as to United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General. (ama) (Entered: 05/01/2012)
2012-05-01Magistrate Judge Andrew J. Peck is so designated. (ama) (Entered: 05/01/2012)
2012-05-01Case Designated ECF. (ama) (Entered: 05/01/2012)
2012-05-022MOTION for Jason A. Malinsky to Appear Pro Hac Vice. Document filed by Iraqi Refugee Assistance Project.(pgu) (Entered: 05/03/2012)
2012-05-033RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Iraqi Refugee Assistance Project.(D'Amore, Matthew) (Entered: 05/03/2012)
2012-05-044ORDER FOR ADMISSION PRO HAC VICE: granting 2 Motion for Jason A. Malinsky to Appear Pro Hac Vice. (Signed by Judge P. Kevin Castel on 5/3/2012) (js) (Entered: 05/04/2012)
2012-05-045MOTION for L. Scott Oliver to Appear Pro Hac Vice. Document filed by Iraqi Refugee Assistance Project.(pgu) (Entered: 05/04/2012)
2012-05-08CASHIERS OFFICE REMARK on 2 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 05/02/2012, Receipt Number 1037039. (jd) (Entered: 05/08/2012)
2012-05-09CASHIERS OFFICE REMARK on 5 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 05/04/2012, Receipt Number 1037277. (jd) (Entered: 05/09/2012)
2012-05-106ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/6/2012 at 04:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel and as further set forth in this order. (Signed by Judge P. Kevin Castel on 5/10/2012) (lmb) (Entered: 05/10/2012)
2012-05-107ORDER FOR ADMISSION PRO HAC VICE granting 5 Motion for L. Scott Oliver to Appear Pro Hac Vice. (Signed by Judge P. Kevin Castel on 5/10/2012) (lmb) (Entered: 05/10/2012)
2012-05-118SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. United States Department of Homeland Security served on 5/8/2012, answer due 7/9/2012. Service was accepted by Charlie Johnson. Service was made by Certified Mail. Document filed by Iraqi Refugee Assistance Project. (Malinsky, Jason) (Entered: 05/11/2012)
2012-05-119SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. United States Department of Homeland Security served on 5/2/2012, answer due 7/9/2012. Service was made by Certified Mail. Document filed by Iraqi Refugee Assistance Project. (Malinsky, Jason) (Entered: 05/11/2012)
2012-05-1410AFFIDAVIT OF SERVICE of Order re Initial Pretrial Conference on 05/10/2012. Service was made by Certified Mail. Document filed by Iraqi Refugee Assistance Project. (Malinsky, Jason) (Entered: 05/14/2012)
2012-05-3111ANSWER to 1 Complaint,,,. Document filed by United States Department of Homeland Security.(Daughtry, Emily) (Entered: 05/31/2012)
2012-06-0412ORDER OF WITHDRAWAL OF JASON A. MALINSKY, ESQ.: Upon consideration of the request to withdraw by Jason A. Malinsky, Esq., this Court orders that Jason A. Malinsky, Esq. be withdrawn from this case, and further orders that Mr. Malinsky be removed from the Court's electronic service list. (Signed by Judge P. Kevin Castel on 6/4/2012) (mro) (Entered: 06/04/2012)
2012-06-1113ENDORSED LETTER addressed to Judge P. Kevin Castel from Emily E. Daughtry dated 6/7/2012 re: Counsel for Defendant writes on behalf of both parties to respectfully request an adjournment of the initial pretrial conference in the above-referenced case. ENDORSEMENT: Counsel for the partied are directed to meet and confer to explore a consensual resolution. Conference adjourned from July 6, 2012 to July 31 at 12:30 p.m. (Signed by Judge P. Kevin Castel on 6/11/2012) (pl) Modified on 6/11/2012 (pl). (Entered: 06/11/2012)
2012-06-11Set/Reset Hearings: Initial Conference set for 7/31/2012 at 12:30 PM before Judge P. Kevin Castel. (pl) (Entered: 06/11/2012)
2012-06-1214NOTICE OF APPEARANCE by David Seaton Brown on behalf of Iraqi Refugee Assistance Project (Brown, David) (Entered: 06/12/2012)
2012-07-31Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 7/31/2012. Next conference is scheduled for October 10, 2012 at 12:30 p.m. (Nacanther, Florence) (Entered: 07/31/2012)
2012-07-3115ORDER FOLLOWING PRETRIAL CONFERENCE: As result of a pretrial conference held before the Court today, the following is ORDERED: By agreement, 12cv3480(PKC) is consolidated with 12cv3461(PKC). 12cv3480(PKC) is Administratively Closed. The parties are presently working on a stipulation which may resolve the case and require approximately 30 days to do so. The next Case Management Conference will be held on October 10, 2012 at 12:30 pm. (Signed by Judge P. Kevin Castel on 7/31/2012) (pl) Modified on 8/1/2012 (pl). Modified on 8/3/2012 (pl). (Entered: 08/01/2012)
2012-07-31Set/Reset Hearings: Next Case Management Conference set for 10/10/2012 at 12:30 PM before Judge P. Kevin Castel. (pl) (Entered: 08/01/2012)
2012-10-0916ENDORSED LETTER addressed to Judge P. Kevin Castel from Emily E. Daughtry dated 10/9/2012 re: I write on behalf of both parties to respectfully request a one-month adjournment of the conference that is currently scheduled for tomorrow, October 10, 2012, at 12:30pm. ENDORSEMENT: Conference Adjourned from October 10, 2012 to Nov. 14, 2012 at 12:00 p.m. (Status Conference set for 11/14/2012 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/9/2012) (djc) (Entered: 10/10/2012)
2012-11-1417ENDORSED LETTER addressed to Judge P. Kevin Castel from Emily E. Daughtry dated 11/9/2012 re: Counsels jointly request a three-week adjournment of the conference that is currently scheduled for Wednesday, November 14, 2012, at 12:00. ENDORSEMENT: Conference Adjourned From: Nov. 14 To: Dec. 5 at 12:00 pm. (Status Conference set for 12/5/2012 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/14/2012) (ft) (Entered: 11/14/2012)
2012-12-05Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference held on 12/5/2012. Next conference is scheduled for February 14, 2013 at 12:00 p.m. (Nacanther, Florence) (Entered: 12/05/2012)
2012-12-0518ORDER FOLLOWING PRETRIAL CONFERENCE: The parties are continuing to work towards settlement. Final Pretrial Conference set for 2/14/2013 at 12:00 PM before Judge P. Kevin Castel. Any conference scheduled for a date prior thereto is adjourned. (Signed by Judge P. Kevin Castel on 12/5/2012) (ft) Modified on 12/5/2012 (ft). (Entered: 12/05/2012)
2013-02-1319ENDORSED LETTER addressed to Judge P. Kevin Castel from Emily E. Daughtry dated 02/12/2013 re: I write on behalf of both parties to respectfully request a two-week adjournment of the conference that is currently scheduled for February 14, 2013, at 12:00 pm. ENDORSEMENT: Conference Adjourned from 02/14/2013 to 03/01/2013 at 12:30 p.m. (Final Pretrial Conference set for 3/1/2013 at 12:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 02/13/2013) (jcs) (Entered: 02/13/2013)
2013-03-01Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference held on 3/1/2013. Next conference is scheduled for March 19, 2013 at 10:30 a.m. (Nacanther, Florence) (Entered: 03/01/2013)
2013-03-0120ORDER FOLLOWING PRETRIAL CONFERENCE: The parties expect to have a signed stipulation of settlement to be presented to the Court within the next five business days. The next Case Management Conference will be held on March 19, 2013 at 10:30 a.m. Any conference scheduled for a date prior thereto is adjourned. ( Case Management Conference set for 3/19/2013 at 10:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/1/2013) (ja) (Entered: 03/01/2013)
2013-03-0521STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: This Action, encompassing both 12 Civ. 3461 and 12 Civ. 3480, is hereby dismissed with prejudice as to DOS and without prejudice as to DHS. However, this Court shall retain jurisdiction over the matter to the extent necessary to enforce the terms of this Stipulations. (Signed by Judge P. Kevin Castel on 3/5/2015) Filed In Associated Cases: 1:12-cv-03461-PKC, 1:12-cv-03480-PKC(ja) (Entered: 03/05/2013)
2013-10-0122STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.*** (mro) (Entered: 10/08/2013)
2015-04-2023LETTER MOTION to Reopen Case addressed to Judge P. Kevin Castel from AUSA Emily E. Daughtry dated April 20, 2015. Document filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit Stipulation, dated 3/5/13)(Daughtry, Emily) (Entered: 04/20/2015)
2015-04-2124ORDER granting 23 Letter Motion to Reopen Case. Application granted. Conference will be held on July 13, 2015 at 11:30am. (Signed by Judge P. Kevin Castel on 4/20/2015) (spo) (Entered: 04/21/2015)
2015-04-21Set/Reset Hearings: Status Conference set for 7/13/2015 at 11:30 AM before Judge P. Kevin Castel. (spo) (Entered: 04/21/2015)
2015-07-1025NOTICE OF APPEARANCE by David Stuart Jones on behalf of United States Department of Homeland Security. (Jones, David) (Entered: 07/10/2015)
2015-07-1026LETTER addressed to Judge P. Kevin Castel from David S. Jones dated 07/10/2015 re: status update and anticipated topics for discussion at July 13 conference. Document filed by United States Department of Homeland Security.(Jones, David) (Entered: 07/10/2015)
2015-07-1327NOTICE OF APPEARANCE by James Joseph Beha, II on behalf of Iraqi Refugee Assistance Project. (Beha, James) (Entered: 07/13/2015)
2015-07-13Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference held on 7/13/2015. See, Order Following Pretrial Conference. (Nacanther, Florence) (Entered: 07/13/2015)
2015-07-1328ORDER FOLLOWING PRETRIAL CONFERENCE: 1. By July 28, 2015 defendant shall communicate its final position on the reprocessing of documents and producing any additional documents or potions of documents. 2. By August 14, 2015, plaintiff shall file its motion and shall designate 10 documents for in camera inspection. 3. By September 15, 2015, defendant shall respond and shall submit the ten documents for in camera inspection, together with an affidavit or declaration served upon plaintiff and filed with the Court explaining its position. Defendant may also cross-move. 4. By September 30, 2015, plaintiff shall reply and respond to the cross-motion. 5. By October 8, 2015, the government may reply on its cross-motion. (Cross Motions due by 9/15/2015.) (Motions due by 8/14/2015.) (Responses due by 9/30/2015.) (Replies due by 10/8/2015.) (Signed by Judge P. Kevin Castel on 7/13/2015) (spo) (Entered: 07/13/2015)
2015-07-1329NOTICE OF APPEARANCE by Felicia Marian Gilbert on behalf of Iraqi Refugee Assistance Project. (Gilbert, Felicia) (Entered: 07/13/2015)
2015-08-1130CONSENT LETTER MOTION for Extension of Time of Deadlines Set in the Court's July 13, 2015 Order addressed to Judge P. Kevin Castel from Felicia M. Gilbert dated 8/11/2015. Document filed by Iraqi Refugee Assistance Project.(Gilbert, Felicia) (Entered: 08/11/2015)
2015-08-1331ORDER granting 30 Letter Motion for Extension of Time: Revised schedule is approved. (Signed by Judge P. Kevin Castel on 8/12/2015) (tn) (Entered: 08/13/2015)
2015-08-13Set/Reset Deadlines: Cross Motions due by 10/20/2015. Motions due by 9/18/2015. Responses due by 11/4/2015 Replies due by 11/12/2015. (tn) (Entered: 08/13/2015)
2015-09-1832JOINT LETTER MOTION for Extension of Time Regarding the Revised Briefing Schedule on IRAP's Motion to Compel addressed to Judge P. Kevin Castel from Felicia M. Gilbert dated September 18, 2015. Document filed by Iraqi Refugee Assistance Project.(Gilbert, Felicia) (Entered: 09/18/2015)
2015-09-1833ORDER granting 32 Letter Motion for Extension of Time. Briefing schedule is stayed. Submit revised schedule on October 9. (Signed by Judge P. Kevin Castel on 9/18/2015) (spo) (Entered: 09/18/2015)
2015-10-0934FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Extension of Time Regarding the Revised Briefing Schedule on IRAP's Motion to Compel addressed to Judge P. Kevin Castel from Felicia M. Gilbert dated October 9, 2015. Document filed by Iraqi Refugee Assistance Project.(Gilbert, Felicia) Modified on 10/15/2015 (db). (Entered: 10/09/2015)
2015-10-1435ORDER re: 34 Letter Motion for Extension of Time Regarding the Revised Briefing Schedule on IRAP's Motion to Compel. Provide update on proposed schedule. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/14/2015) (kko) Modified on 10/15/2015 (kko). (Entered: 10/14/2015)
2015-10-2336JOINT LETTER MOTION to Continue the Current Stay of Briefing and to Provide a Further Update to the Court on October 30, 2015 addressed to Judge P. Kevin Castel from Felicia M. Gilbert dated October 23, 2015. Document filed by Iraqi Refugee Assistance Project.(Gilbert, Felicia) (Entered: 10/23/2015)
2015-10-2337ORDER granting 36 Letter Motion to Continue. Update on October 30. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/23/2015) (kl) (Entered: 10/23/2015)
2015-10-2938JOINT LETTER MOTION to Continue the Current Stay of Briefing and to Provide a Further Update to the Court on November 13, 2015 addressed to Judge P. Kevin Castel from Felicia M. Gilbert dated October 29, 2015. Document filed by Iraqi Refugee Assistance Project.(Gilbert, Felicia) (Entered: 10/29/2015)
2015-10-3039ORDER granting 38 Letter Motion to Continue. OK. Application granted. (Signed by Judge P. Kevin Castel on 10/30/2015) (spo) (Entered: 10/30/2015)
2015-11-1340JOINT LETTER MOTION to Continue the Current Stay of Briefing and to Provide a Further Update to the Court on November 24, 2015 addressed to Judge P. Kevin Castel from Felicia M. Gilbert dated November 13, 2015. Document filed by Iraqi Refugee Assistance Project.(Gilbert, Felicia) (Entered: 11/13/2015)
2015-11-1841ORDER granting 40 Letter Motion for Continue the Current Stay of Briefing and to Provide a Further Update to the Court on November 24, 2015. Application granted. (Signed by Judge P. Kevin Castel on 11/17/2015) (tro) (Entered: 11/19/2015)
2015-11-3042JOINT LETTER MOTION to Continue the Current Stay of Briefing and to Provide a Further Update to the Court on December 4, 2015 addressed to Judge P. Kevin Castel from Felicia M. Gilbert dated November 30, 2015. Document filed by Iraqi Refugee Assistance Project.(Gilbert, Felicia) (Entered: 11/30/2015)
2015-12-0843STIPULATION AND ORDER TO STAY LITIGATION: 1. The parties have engaged in good faith discussions to narrow their disputes. As part of such discussions, the parties have identified 563 pages of redacted documents produced by Defendant as to which disputes still exist (the "Challenged Pages"). 2. The following claims in this action are dismissed with prejudice: any and all claims seeking the release of documents other than the Challenged Pages; any and all challenges to the adequacy of any defendant's search for records responsive to IRAP's FOIA request(s); and any and all challenges to USCIS's assertion of any exemption, Including as to the Challenged Pages, with the exception of redactions on the Challenged Pages for which it has asserted FOIA exemptions 5 and 7(E). 3. This action shall be stayed until April 22, 2016, unless during the period of the stay either party asks for the stay to be lifted and a briefing schedule reinstated. Case is placed on suspense docket. (As further set forth in this Order.) Motions terminated: 42 JOINT LETTER MOTION to Continue the Current Stay of Briefing and to Provide a Further Update to the Court on December 4, 2015 addressed to Judge P. Kevin Castel from Felicia M. Gilbert dated November 30, 2015, filed by Iraqi Refugee Assistance Project. (Signed by Judge P. Kevin Castel on 12/7/2015) (spo) Modified on 12/8/2015 (spo). (Entered: 12/08/2015)
2016-01-1444NOTICE OF APPEARANCE by Kendall Manlove on behalf of Iraqi Refugee Assistance Project. (Manlove, Kendall) (Entered: 01/14/2016)
2016-01-1445MOTION for Felicia M. Gilbert to Withdraw as Attorney . Document filed by Iraqi Refugee Assistance Project. (Attachments: # 1 Text of Proposed Order)(D'Amore, Matthew) (Entered: 01/14/2016)
2016-01-1446DECLARATION of Matthew D'Amore in Support re: 45 MOTION for Felicia M. Gilbert to Withdraw as Attorney .. Document filed by Iraqi Refugee Assistance Project. (D'Amore, Matthew) (Entered: 01/14/2016)
2016-01-1547ORDER OF WITHDRAWAL OF FELICIA M. GILBERT, ESQ. granting 45 Motion for Felicia M. Gilbert to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Felicia M. Gilbe1t, Esq., this Court orders that Felicia M. Gilbert, Esq. be withdrawn from this case, and further orders that Ms. Gilbert be removed from the Court's electronic service list. SO ORDERED. Attorney Felicia Marian Gilbert terminated. (Signed by Judge P. Kevin Castel on 1/15/2016) (kko) (Entered: 01/15/2016)
2016-03-0948CONSENT LETTER MOTION for Extension of Time addressed to Judge P. Kevin Castel from David S. Jones dated 03/09/2016. Document filed by United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order Extending Deadlines Two Weeks)(Jones, David) (Entered: 03/09/2016)
2016-03-1049STIPULATION AND ORDER MODIFYING DEADLINES: IT IS HEREBY STIPULATED AND AGREED that: 1. Defendant shall complete the remainder of its additional review and any supplemental release of responsive documents by April 1, 2016, 2. The stay of this matter and corresponding deadline for any party to reinstate the action by applying to lift the stay shall be extended from April 22, 2016, to May 6, 2016; and 3. All other provisions of the December 8, 2016, Stipulation and Order (Dkt. No. 43) remain in full force and effect. (As further set forth in this Order.) (Case stayed.) Motions terminated: 48 CONSENT LETTER MOTION for Extension of Time addressed to Judge P. Kevin Castel from David S. Jones dated 03/09/2016, filed by United States Department of Homeland Security. (Signed by Judge P. Kevin Castel on 3/9/2016) (spo) (Entered: 03/10/2016)
2016-04-2750CONSENT LETTER MOTION to Reopen Case and to Resume Briefing Schedule addressed to Judge P. Kevin Castel from Kendall L. Manlove dated April 27, 2016. Document filed by Iraqi Refugee Assistance Project.(Manlove, Kendall) (Entered: 04/27/2016)
2016-04-2951ORDER granting 50 Letter Motion to Reopen Case: The stay is VACATED. The proposed briefing schedule is adopted as an order of the Court. (Signed by Judge P. Kevin Castel on 4/29/2016) (tn) Modified on 4/29/2016 (tn). (Entered: 04/29/2016)
2016-04-29Set/Reset Deadlines: Cross Motions due by 6/16/2016. Motions due by 5/16/2016. Responses due by 6/30/2016. Replies due by 7/7/2016. (tn) (Entered: 04/29/2016)
2016-05-1652MOTION for Summary Judgment . Document filed by Iraqi Refugee Assistance Project. Responses due by 6/16/2016(D'Amore, Matthew) (Entered: 05/16/2016)
2016-05-1653DECLARATION of Matthew M. D'Amore in Support re: 52 MOTION for Summary Judgment .. Document filed by Iraqi Refugee Assistance Project. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26)(D'Amore, Matthew) (Entered: 05/16/2016)
2016-05-1654MEMORANDUM OF LAW in Support re: 52 MOTION for Summary Judgment . . Document filed by Iraqi Refugee Assistance Project. (D'Amore, Matthew) (Entered: 05/16/2016)
2016-05-1655RULE 56.1 STATEMENT. Document filed by Iraqi Refugee Assistance Project. (D'Amore, Matthew) (Entered: 05/16/2016)
2016-06-0956CONSENT LETTER MOTION for Extension of Time to oppose and cross-move for summary judgment addressed to Judge P. Kevin Castel from David S. Jones dated June 9, 2016. Document filed by United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order setting revised briefing deadlines)(Jones, David) (Entered: 06/09/2016)
2016-06-0957ORDER MODIFYING DEADLINES granting 56 Letter Motion for Extension of Time. 1. Defendant's (a) opposition to plaintiffs motion for summary judgment and (b) cross-motion for summary judgment is due on or before July 14, 2016. 2. Plaintiffs (a) opposition to defendant's cross-motion for summary judgment and (b) reply in support of plaintiffs motion for summary judgment is due on or before August 5, 2016. 3. Defedant's reply, if any, in support of its cross-motion for summary judgment is due on or before August 15, 2016. (Signed by Judge P. Kevin Castel on 6/8/2016) (spo) (Entered: 06/09/2016)
2016-06-09Set/Reset Deadlines: Cross Motions due by 7/14/2016. Responses due by 8/5/2016. Replies due by 8/15/2016. (spo) (Entered: 06/09/2016)
2016-06-1758NOTICE OF APPEARANCE by Claire Gunner on behalf of Iraqi Refugee Assistance Project. (Gunner, Claire) (Entered: 06/17/2016)
2016-06-1759MOTION for Kendall L. Manlove to Withdraw as Attorney . Document filed by Iraqi Refugee Assistance Project. (Attachments: # 1 Text of Proposed Order)(Manlove, Kendall) (Entered: 06/17/2016)
2016-06-1760DECLARATION of Kendall L. Manlove in Support re: 59 MOTION for Kendall L. Manlove to Withdraw as Attorney .. Document filed by Iraqi Refugee Assistance Project. (Manlove, Kendall) (Entered: 06/17/2016)
2016-07-1161ORDER OF WITHDRAWAL OF KENDALL L. MANLOVE, ESQ. granting 59 Motion for Kendall L. Manlove to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Kendall L. Manlove, Esq., this Court orders that Kendall L. Manlove, Esq. be withdrawn from this case, and further orders that Mr. Manlove be removed from the Court's electronic service list. SO ORDERED. Attorney Kendall Manlove terminated. (Signed by Judge P. Kevin Castel on 7/8/2016) (kko) (Entered: 07/11/2016)
2016-07-1462CROSS MOTION for Summary Judgment . Document filed by United States Department of Homeland Security. Responses due by 8/5/2016(Jones, David) (Entered: 07/14/2016)
2016-07-1463MEMORANDUM OF LAW in Support re: 62 CROSS MOTION for Summary Judgment ., 52 MOTION for Summary Judgment . . Document filed by United States Department of Homeland Security. (Jones, David) (Entered: 07/14/2016)
2016-07-1464DECLARATION of Barbara L. Strack in Support re: 62 CROSS MOTION for Summary Judgment ., 52 MOTION for Summary Judgment .. Document filed by United States Department of Homeland Security. (Jones, David) (Entered: 07/14/2016)
2016-07-1465DECLARATION of Jill A. Eggleston in Support re: 62 CROSS MOTION for Summary Judgment ., 52 MOTION for Summary Judgment .. Document filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit Exhibits 1-16)(Jones, David) (Entered: 07/14/2016)
2016-07-1466LETTER addressed to Judge P. Kevin Castel from David S. Jones dated 07/14/16 re: transmittal of documents for in camera review as Court directed in connection with cross-motions for summary judgment. Document filed by United States Department of Homeland Security.(Jones, David) (Entered: 07/14/2016)
2016-08-0567REPLY MEMORANDUM OF LAW in Support re: 62 CROSS MOTION for Summary Judgment ., 52 MOTION for Summary Judgment . Plaintiff's Reply Memorandum of Law in Further Support of its Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment . Document filed by Iraqi Refugee Assistance Project. (D'Amore, Matthew) (Entered: 08/05/2016)
2016-08-0568DECLARATION of Claire Gunner in Support re: 62 CROSS MOTION for Summary Judgment ., 52 MOTION for Summary Judgment .. Document filed by Iraqi Refugee Assistance Project. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, Part 1, # 5 Exhibit 4, Part 2)(Gunner, Claire) (Entered: 08/05/2016)
2016-08-1169CONSENT LETTER MOTION for Extension of Time to File Response/Reply in support of cross-motion for summary judgment, from August 15 to August 22, 2016 addressed to Judge P. Kevin Castel from David S. Jones dated August 11, 2016. Document filed by United States Department of Homeland Security.(Jones, David) (Entered: 08/11/2016)
2016-08-1170ORDER granting 69 Letter Motion for Extension of Time to File Response/Reply in support of cross-motion for summary judgment, from August 15 to August 22, 2016. Application granted. SO ORDERED. Replies due by 8/22/2016. (Signed by Judge P. Kevin Castel on 8/11/2016) (kko) (Entered: 08/11/2016)
2016-08-2271REPLY MEMORANDUM OF LAW in Support re: 62 CROSS MOTION for Summary Judgment . . Document filed by United States Department of Homeland Security. (Jones, David) (Entered: 08/22/2016)
2017-03-2772MEMORANDUM AND ORDER denying 52 Motion for Summary Judgment; granting 62 Motion for Summary Judgment. For the reasons explained, the defendant's motion for summary judgment is GRANTED and the plaintiff's motion is DENIED. The Clerk is directed to terminate the motions (Docket # 52, 62) and enter judgment for the defendant. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 3/27/2017) (cf) (Entered: 03/27/2017)
2017-03-27Transmission to Judgments and Orders Clerk. Transmitted re: 72 Order to the Judgments and Orders Clerk. (cf) (Entered: 03/27/2017)
2017-03-2773CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated March 27, 2017, Defendant's motion for summary judgment is granted and Plaintiff's motion is denied; and judgment is entered for Defendant. (Signed by Clerk of Court Ruby Krajick on 3/27/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 03/27/2017)
2017-04-0674MOTION for Claire Gunner to Withdraw as Attorney . Document filed by Iraqi Refugee Assistance Project. (Attachments: # 1 Text of Proposed Order)(Gunner, Claire) (Entered: 04/06/2017)
2017-04-0675DECLARATION of Claire Gunner in Support re: 74 MOTION for Claire Gunner to Withdraw as Attorney .. Document filed by Iraqi Refugee Assistance Project. (Gunner, Claire) (Entered: 04/06/2017)
2017-04-0776ORDER OF WITHDRAWAL OF CLAIRE GUNNER, ESQ. granting 74 Motion to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Claire Gunner, Esq., this Court orders that Claire Gunner, Esq. be withdrawn from this case, and further orders that Ms. Gunner be removed from the Court's electronic service list. Attorney Claire Gunner terminated. (Signed by Judge P. Kevin Castel on 4/7/2017) (mro) (Entered: 04/07/2017)
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