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Case TitleKIDS IN NEED OF DEFENSE v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00944
Date Filed2020-04-09
Date Closed2021-02-24
JudgeJudge Trevor N. McFadden
PlaintiffKIDS IN NEED OF DEFENSE
Case DescriptionKids in Need of Defense submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency's new rule that asylum seekers had to have applied for asylum in countries that they had passed through before reaching the United States. KIND also requested expedited processing. The agency acknowledged receipt of the request, rejected KIND's request for expedited processing, and placed its request on the complex track for processing. After hearing nothing further from the agency, KIND filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
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

2020-04-091COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES ( Filing fee $ 400 receipt number ADCDC-7008232) filed by KIDS IN NEED OF DEFENSE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(Burgess, Brian) (Entered: 04/09/2020)
2020-04-092MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cindy Chang, Filing fee $ 100, receipt number ADCDC-7008241. Fee Status: Fee Paid. by KIDS IN NEED OF DEFENSE (Attachments: # 1 Declaration of Cindy Chang, # 2 Text of Proposed Order)(Burgess, Brian) (Entered: 04/09/2020)
2020-04-093MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Douglas J. Kline, Filing fee $ 100, receipt number ADCDC-7008256. Fee Status: Fee Paid. by KIDS IN NEED OF DEFENSE (Attachments: # 1 Declaration of Douglas J. Kline, # 2 Text of Proposed Order)(Burgess, Brian) (Entered: 04/09/2020)
2020-04-094MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elaine Herrmann Blais, Filing fee $ 100, receipt number ADCDC-7008270. Fee Status: Fee Paid. by KIDS IN NEED OF DEFENSE (Attachments: # 1 Declaration of Elaine Herrmann Blais, # 2 Text of Proposed Order)(Burgess, Brian) (Entered: 04/09/2020)
2020-04-095MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joel L. Broussard, Filing fee $ 100, receipt number ADCDC-7008385. Fee Status: Fee Paid. by KIDS IN NEED OF DEFENSE (Attachments: # 1 Declaration Joel L. Broussard, # 2 Text of Proposed Order)(Burgess, Brian) (Entered: 04/09/2020)
2020-04-096MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sarah J. Fischer, Filing fee $ 100, receipt number ADCDC-7008397. Fee Status: Fee Paid. by KIDS IN NEED OF DEFENSE (Attachments: # 1 Declaration of Sarah J. Fischer, # 2 Text of Proposed Order)(Burgess, Brian) (Entered: 04/09/2020)
2020-04-097MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Steven J. Bernstein, Filing fee $ 100, receipt number ADCDC-7008417. Fee Status: Fee Paid. by KIDS IN NEED OF DEFENSE (Attachments: # 1 Declaration of Steven J. Bernstein, # 2 Text of Proposed Order)(Burgess, Brian) (Entered: 04/09/2020)
2020-04-098MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Wendy Wylegala, Filing fee $ 100, receipt number ADCDC-7008435. Fee Status: Fee Paid. by KIDS IN NEED OF DEFENSE (Attachments: # 1 Declaration of Wendy Wylegala, # 2 Text of Proposed Order)(Burgess, Brian) (Entered: 04/09/2020)
2020-04-10Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 04/10/2020)
2020-04-109SUMMONS (3) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/10/2020)
2020-04-1010STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm2) (Entered: 04/10/2020)
2020-04-10MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. Attorney Cindy Chang is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm2) (Entered: 04/10/2020)
2020-04-10MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Attorney Douglas J. Kline is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm2) (Entered: 04/10/2020)
2020-04-10MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Attorney Elaine Herrmann Blais is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm2) (Entered: 04/10/2020)
2020-04-10MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney Joel L. Broussard is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm2) (Entered: 04/10/2020)
2020-04-10MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Attorney Sarah J. Fischer is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm2) (Entered: 04/10/2020)
2020-04-10MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Steven J. Bernstein is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm2) (Entered: 04/10/2020)
2020-04-10MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. Attorney Wendy Wylegala is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm2) (Entered: 04/10/2020)
2020-04-2911NOTICE of Appearance by Wendy Wylegala on behalf of KIDS IN NEED OF DEFENSE (Wylegala, Wendy) (Entered: 04/29/2020)
2020-04-2912NOTICE of Appearance by Joel L. Broussard on behalf of KIDS IN NEED OF DEFENSE (Broussard, Joel) (Entered: 04/29/2020)
2020-04-2913NOTICE of Appearance by Cindy Chang on behalf of KIDS IN NEED OF DEFENSE (Chang, Cindy) (Entered: 04/29/2020)
2020-04-2914NOTICE of Appearance by Douglas Kline on behalf of KIDS IN NEED OF DEFENSE (Kline, Douglas) (Entered: 04/29/2020)
2020-04-2915NOTICE of Appearance by Elaine H. Blais on behalf of KIDS IN NEED OF DEFENSE (Blais, Elaine) (Entered: 04/29/2020)
2020-04-2916NOTICE of Appearance by Steven Bernstein on behalf of KIDS IN NEED OF DEFENSE (Bernstein, Steven) (Entered: 04/29/2020)
2020-04-3017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/16/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 5/14/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 4/14/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/16/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burgess, Brian) Modified on 5/5/2020 to correct serve date/parties served (eg). (Entered: 04/30/2020)
2020-05-0118NOTICE of Appearance by Sarah J. Fischer on behalf of KIDS IN NEED OF DEFENSE (Fischer, Sarah) (Entered: 05/01/2020)
2020-05-0719NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 05/07/2020)
2020-05-1420ANSWER to Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.(Jones, Sian) (Entered: 05/14/2020)
2020-05-15MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before June 12, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/15/2020. (lctnm2) (Entered: 05/15/2020)
2020-05-15Set/Reset Deadlines: Joint Status Report due by 6/12/2020. (hmc) (Entered: 05/15/2020)
2020-06-1121Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Jones, Sian) (Entered: 06/11/2020)
2020-06-12MINUTE ORDER. Upon consideration of the 21 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before August 11, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/12/2020. (lctnm2) (Entered: 06/12/2020)
2020-06-12Set/Reset Deadlines: Joint Status Report due by 8/11/2020. (hmc) (Entered: 06/12/2020)
2020-07-0622NOTICE OF WITHDRAWAL OF APPEARANCE as to KIDS IN NEED OF DEFENSE. Attorney Steven Bernstein terminated. (Burgess, Brian) (Entered: 07/06/2020)
2020-07-0823NOTICE of Appearance by Scott Shuchart on behalf of KIDS IN NEED OF DEFENSE (Shuchart, Scott) (Entered: 07/08/2020)
2020-08-1124Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Jones, Sian) (Entered: 08/11/2020)
2020-08-11MINUTE ORDER. Upon consideration of the 24 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before October 12, 2020. The report should propose a briefing schedule, if appropriate. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/11/2020. (lctnm2) (Entered: 08/11/2020)
2020-08-12Set/Reset Deadlines: Joint Status Report due by 10/12/2020. (hmc) (Entered: 08/12/2020)
2020-10-0925Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Jones, Sian) (Entered: 10/09/2020)
2020-10-13MINUTE ORDER: Upon consideration of the parties' 25 October 9, 2020 Joint Status Report, the parties are ordered to file either a joint stipulation to dismiss or a briefing schedule for dispositive motions on or before November 13, 2020. It is further ordered that if a briefing schedule is filed, the parties shall meet and confer regarding, among other things, the scope of a Vaughn index. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/13/2020. (lctnm2) (Entered: 10/13/2020)
2020-10-13Set/Reset Deadlines: Parties' joint stipulation to dismiss or briefing schedule for dispositive motions due by 11/13/2020. (zhmc) (Entered: 10/13/2020)
2020-11-1326Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 11/13/2020)
2020-11-13MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, the parties' proposed briefing schedule is modified as follows: the Defendant shall file its motion for summary judgment and Vaughn index on or before 2/3/2021; the Plaintiff shall file its opposition to the Defendant's motion and any cross-motion for summary judgment on or before 3/3/2021; the Defendant shall file its reply and opposition to any cross-motion on or before 4/5/2021; and the Plaintiff shall file its cross-reply (if necessary) on or before 4/19/2021. In the event that the parties resolve the matter prior to 2/3/2021, they shall promptly notify the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/13/2020. (lctnm2) (Entered: 11/13/2020)
2020-11-16Set/Reset Deadlines: Defendant's motion for summary judgment and Vaughn index due by 2/3/2021. Plaintiff's opposition and cross-motion due by 3/3/2021. Defendant's reply and opposition due by 4/5/2021. Plaintiff's cross-reply due by 4/19/2021.(hmc) (Entered: 11/16/2020)
2021-01-2827Consent MOTION for Extension of Time to File by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 01/28/2021)
2021-01-28MINUTE ORDER granting the Defendant's 27 Consent Motion for Extension of Time. The briefing schedule is modified as follows: the Defendant shall file its motion for summary judgment and Vaughn index on or before March 5, 2021; the Plaintiff shall file its opposition to the Defendant's motion and any cross-motion for summary judgment on or before April 2, 2021; the Defendant shall file its reply and opposition to any cross-motion on or before May 5, 2021; and the Plaintiff shall file its cross-reply (if necessary) on or before May 19, 2021. In the event that the parties resolve the matter prior to March 5, 2021, they shall promptly notify the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/28/2021. (lctnm2) (Entered: 01/28/2021)
2021-01-29Set/Reset Deadlines: Defendant's motion for summary judgment and Vaughn index due by 3/5/2021. Plaintiff's opposition and cross-motion due by 4/2/2021. Defendant's reply and opposition due by 5/5/2021. Plaintiff's cross-reply due by 5/19/2021. (hmc) (Entered: 01/29/2021)
2021-02-2328STIPULATION of Dismissal by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Jones, Sian) (Entered: 02/23/2021)
2021-02-24MINUTE ORDER. Pursuant to the parties' 28 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice, with each party to bear its own fees and costs. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/24/2021. (lctnm2) (Entered: 02/24/2021)
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