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Case TitleHawkinson v. EOIR
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2021cv11817
Date Filed2021-11-09
Date Closed2023-08-10
JudgeMagistrate Judge M. Page Kelley
PlaintiffPro Se Party John A. Hawkinson
Case DescriptionJohn Hawkinson, a freelance reporter, submitted a FOIA request to the Executive Office for Immigration Review for records concerning Microsoft Word versions of all Board of Immigration Appeals decisions within BIA's data library that originate from Boston or Hartford and contain the text "alternatives to detention" or "alternatives-to-detention." The agency acknowledged receipt of the request but closed it because it was duplicative of a previous request. Hawkinson then filed an administrative appeal to the Office of Information Policy at DOJ. After hearing nothing further from the agency, Hawkinson filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantEOIR a component of the US Department of Justice
also known as Executive Office for Immigration Review
AppealFirst Circuit 23-1830
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [41]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-091COMPLAINT against EOIR, filed by John A. Hawkinson. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Geraldino-Karasek, Clarilde) (Additional attachment(s) added on 11/9/2021: # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D) (Geraldino-Karasek, Clarilde). (Entered: 11/09/2021)
2021-11-092Filing fee/payment: $ 402.00, receipt number 1BST087132 for 1 Complaint, (Phillips, Sophie) (Entered: 11/09/2021)
2021-11-093NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here . These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) (Entered: 11/09/2021)
2021-11-094FILED IN ERROR. (DaSilva, Carolina). (Entered: 11/09/2021)
2021-11-095MOTION for Leave to file electronically Pro Se by John A. Hawkinson.(Geraldino-Karasek, Clarilde) (Entered: 11/09/2021)
2021-11-096FILED IN ERROR (DaSilva, Carolina). (Entered: 11/09/2021)
2021-11-097Summons Issued as to EOIR. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) (Entered: 11/09/2021)
2021-11-098Notice of correction to docket made by Court staff. Correction: Docket Entries 4 and 6 corrected because: incorrect summons issued. Please refer to docket entry 7 for FOIA Summons Issued as to Defendant, EOIR. (Geraldino-Karasek, Clarilde) (Entered: 11/09/2021)
2021-11-109Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting 5 Motion for leave to electronically file Pro Se. The court grants permission on the condition that plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. Plaintiff is directed to complete the registration form available through https://pacer.uscourts.gov/register-account . Pro se e-filing account instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm . (Ferguson, Kerry) (Entered: 11/10/2021)
2021-11-1010SUMMONS Returned Executed as to US Attorney by John A. Hawkinson. EOIR served on 11/9/2021, answer due 12/9/2021. (Hawkinson, John) (Entered: 11/10/2021)
2021-11-1011SUMMONS Returned Executed EOIR served on 11/10/2021, answer due 12/10/2021. (Hawkinson, John) (Entered: 11/10/2021)
2021-11-1012SUMMONS Returned Executed by John A. Hawkinson., SUMMONS Returned Executed by John A. Hawkinson. (Attachments: # 1 Proof of service upon Attorney General of the United States)(Hawkinson, John) (Entered: 11/10/2021)
2021-12-0213NOTICE of Appearance by Michael P. Sady on behalf of EOIR (Sady, Michael) (Entered: 12/02/2021)
2021-12-1014ANSWER to 1 Complaint, by EOIR.(Sady, Michael) (Entered: 12/10/2021)
2021-12-1315ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Vieira, Leonardo) (Entered: 12/13/2021)
2021-12-1316CONSENT by all parties to Jurisdiction by US Magistrate Judge by John A. Hawkinson.. (Hawkinson, John) (Entered: 12/13/2021)
2021-12-2117NOTICE of Scheduling Conference This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Scheduling Conference set for 1/3/2022 02:00 PM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . (Attachments: # 1 Text of Proposed Order)(Vieira, Leonardo) (Entered: 12/21/2021)
2021-12-2118Joint MOTION to Continue Rule 16(b) scheduling conference to 1/17/2022 due to holiday schedules by EOIR, John A. Hawkinson.(Hawkinson, John) (Entered: 12/21/2021)
2021-12-2219Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting 18 Joint Motion to Continue. The scheduling conference set for January 3, 2022 is canceled. A new date will be selected by the court. (Ferguson, Kerry) (Entered: 12/22/2021)
2021-12-3020ELECTRONIC NOTICE of Hearing. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . Scheduling Conference set for 1/18/2022 10:00 AM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. (Vieira, Leonardo) (Entered: 12/30/2021)
2022-01-1321JOINT SUBMISSION pursuant to Local Rule 16.1 by EOIR.(Sady, Michael) (Entered: 01/13/2022)
2022-01-1822ELECTRONIC NOTICE Canceling Hearing. Scheduling Conference set for 1/18/2022 is canceled. (Vieira, Leonardo) (Entered: 01/18/2022)
2022-01-1823Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: Regarding the joint submission, 21 , the dates as proposed by the parties are accepted. Defendant shall file its summary judgment motion by March 4, 2022; plaintiff shall file his opposition by March 25, 2022; defendants reply is due April 8, 2022. If plaintiff files a cross-motion for summary judgment on March 25, 2022, then defendants reply and opposition due by April 15, 2022; plaintiffs reply due April 29, 2022.(Vieira, Leonardo) Modified on 1/18/2022 to fix docket text and deadline dates (Vieira, Leonardo). (Entered: 01/18/2022)
2022-03-0424MOTION for Summary Judgment by EOIR.(Sady, Michael) (Entered: 03/04/2022)
2022-03-0425MEMORANDUM in Support re 24 MOTION for Summary Judgment filed by EOIR. (Sady, Michael) (Entered: 03/04/2022)
2022-03-0426STATEMENT of facts Rule 56.1 Statement of Material Facts . (Attachments: # 1 Exhibit, # 2 Exhibit)(Sady, Michael) (Entered: 03/04/2022)
2022-03-2527Assented to MOTION for Extension of Time to 3/28/2022 to File Response/Reply as to 24 MOTION for Summary Judgment by John A. Hawkinson.(Hawkinson, John) (Entered: 03/25/2022)
2022-03-2528Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting 27 Motion for Extension of Time to File Response/Reply re 27 Assented to MOTION for Extension of Time to 3/28/2022 to File Response/Reply as to 24 MOTION for Summary Judgment . Opposition to motion for summary judgment due March 28, 2022; defendant's reply due April 11, 2022; defendant's reply to cross-motion due April 18, 2022; plaintiff's cross-reply due May 2, 2022. (Kelley, M.) (Entered: 03/25/2022)
2022-03-2829Opposition re 24 MOTION for Summary Judgment filed by John A. Hawkinson. (Attachments: # 1 Exhibit 1: Declaration of John A. Hawkinson)(Hawkinson, John) (Entered: 03/28/2022)
2022-04-0830Assented to MOTION for Extension of Time to 04/25/2022 to File Response/Reply as to 29 Opposition to Motion by EOIR.(Farquhar, Rayford) (Entered: 04/08/2022)
2022-04-0831Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING 30 Motion for Extension of Time to File Response/Reply re 29 Opposition to Motion Responses due by 4/25/2022 (Vieira, Leonardo) (Entered: 04/08/2022)
2022-04-1132NOTICE of Appearance by Michael Fitzgerald on behalf of EOIR (Fitzgerald, Michael) (Entered: 04/11/2022)
2022-04-2533REPLY to Response to 24 MOTION for Summary Judgment filed by EOIR. (Attachments: # 1 Exhibit Declaration)(Fitzgerald, Michael) (Entered: 04/25/2022)
2022-04-2534Assented to MOTION for Leave to File SUR-REPLY in opposition to 24 MOTION for Summary Judgment by John A. Hawkinson.(Hawkinson, John) (Entered: 04/25/2022)
2022-04-2535Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING 34 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Vieira, Leonardo) (Entered: 04/25/2022)
2022-04-2736Assented to MOTION for Leave to File Corrected Document by EOIR. (Attachments: # 1 Exhibit)(Fitzgerald, Michael) (Entered: 04/27/2022)
2022-04-2737Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING 36 Motion for Leave to File Document. (Vieira, Leonardo) (Entered: 04/27/2022)
2022-04-2738REPLY to Response to 24 MOTION for Summary Judgment (Leave to File Granted on April 27, 2022) filed by EOIR. (Fitzgerald, Michael) (Entered: 04/27/2022)
2022-05-0939SUR-REPLY to Motion re 24 MOTION for Summary Judgment filed by John A. Hawkinson. (Attachments: # 1 Exhibit 1: Supplemental Declaration of John A. Hawkinson in Support of His Sur-Reply in Opposition to Summary Judgment)(Hawkinson, John) (Entered: 05/09/2022)
2023-03-2740Magistrate Judge M. Page Kelley: ORDER entered. Case stayed pending the decision of the United States Court of Appeals for the First Circuit in Hawkinson v. EOIR, #21-1975, #20-cv-12273-MPK. (Vieira, Leonardo) Modified on 3/27/2023 to fix docket text (Vieira, Leonardo). (Entered: 03/27/2023)
2023-08-1041Magistrate Judge M. Page Kelley: MEMORANDUM AND ORDER entered granting 24 Motion for Summary Judgment. "For the reasons stated, Defendants Motion for Summary Judgment 24 is GRANTED." (Belpedio, Lisa) Modified on 8/10/2023 (Belpedio, Lisa). (Entered: 08/10/2023)
2023-08-1042Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered LIFTING STAY. In light of the United States Court of Appeals for the First Circuits decision in Hawkinson v. EOIR, #21-1975, #20-cv-12273, issued July 19, 2023, the stay in this case, see 40 , is hereby lifted. (Belpedio, Lisa) (Entered: 08/10/2023)
2023-08-1043Magistrate Judge M. Page Kelley: JUDGMENT entered. (Belpedio, Lisa) (Entered: 08/10/2023)
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by FOIA Project Staff
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