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Case TitleMalik et al v. Immigration and Customs Enforcement
DistrictNorthern District of Ohio
CityCleveland
Case Number1:2019cv00059
Date Filed2019-01-09
Date Closed2020-05-21
JudgeJudge Solomon Oliver, Jr
PlaintiffDavid Malik
PlaintiffEsperanza Pacheo Padilla
Case DescriptionDavid Mallick, an attorney, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency's detention policies. After hearing nothing further from the agency, Mallick filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantImmigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-091Complaint with jury demand against Immigration and Customs Enforcement. Filing fee paid $ 400, Receipt number 0647-9086579. Filed by David Malik, Esperanza Pacheo Padilla. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - FOIA Confirmation) (Malik, David) (Entered: 01/09/2019)
2019-01-09Judge Solomon Oliver, Jr assigned to case, (S,SR) (Entered: 01/09/2019)
2019-01-09Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (S,SR) (Entered: 01/09/2019)
2019-01-092Magistrate Consent Form issued. No summons provided, no summons issued. (S,SR) (Entered: 01/09/2019)
2019-01-09Order (non-document) staying case during the government shut down. The stay remains in effect until such time as appropriations funding the federal government are made available. See General Order 2019-1 for details. Judge Patricia A. Gaughan on 1/9/2019. (S,SR) (Entered: 01/09/2019)
2019-01-313Motion to lift stay filed by David Malik, Esperanza Pacheo Padilla. (Markovich, Anna) (Entered: 01/31/2019)
2019-02-26Order [non-document] denying as moot Plaintiff's Motion to lift stay (Related Doc # 3 ). See Order of January 9, 2019. The stay remained in effect only until appropriations funding the federal government were made available. Funding has been made available. Judge Solomon Oliver, Jr. on 2/26/2019.(R,Sh) (Entered: 02/26/2019)
2019-04-044Praecipe for issuance of Original Summons filed by All Plaintiffs. (Attachments: # 1 Summons)(Markovich, Anna) (Entered: 04/04/2019)
2019-04-055Original Summons issued to counsel for service upon Immigration and Customs Enforcement. (L,Ja) (Entered: 04/05/2019)
2019-04-08Service by Clerk. Summons and Complaint addressed to Immigration and Customs Enforcement placed in U.S. Mail. Type of service: certified mail. Receipt # 9515506715619098065253. (B,R) (Entered: 04/08/2019)
2020-01-10IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found on the court's website. Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking here. If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) (Entered: 01/10/2020)
2020-02-03LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period. Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) (Entered: 02/03/2020)
2020-05-056Order to Show Cause. The Plaintiff must respond to the within Order in 7 days, demonstrating why its case should not be dismissed without prejudice pursuant to Rule 4(m) of the Fed. R. Civ. P., since more than 90 days has elapsed since the filing of the complaint. Signed by Judge Solomon Oliver, Jr. on 5/5/2020. (R,Sh) (Entered: 05/05/2020)
2020-05-077Notice of Voluntary Dismissal Under FRCP 41(a)(1) without prejudice filed by David Malik, Esperanza Pacheo Padilla. (Markovich, Anna) (Entered: 05/07/2020)
2020-05-218Order and Notice of Voluntary Case Dismissal, without prejudice. re 7 . Signed by Judge Solomon Oliver, Jr. on 5/21/2020. (R,Sh) (Entered: 05/21/2020)
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by FOIA Project Staff
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