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Case TitleVidal-Martinez v. US Department of Homeland Security et al
DistrictNorthern District of Illinois
CityChicago
Case Number1:2021cv06177
Date Filed2021-11-18
Date Closed2023-11-09
JudgeHonorable Nancy L. Maldonado
PlaintiffJesus Vidal-Martinez
Case DescriptionJesus Vidal-Martinez submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning communications between ICE and the Decatur County Indiana Sheriff's Department concerning the arrest and detention of Vidal-Martinez. The agency failed to acknowledged receipt of the request. Vidal-Martinez submitted a more detailed request about the charges but after hearing nothing further from the agency, Vidal-Martinez filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUS Department of Homeland Security
DefendantUS Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-181COMPLAINT filed by Jesus Vidal-Martinez; Filing fee $ 402, receipt number 0752-18888513. (Attachments: # 1 Civil Cover Sheet)(Elmore, Christopher) (Entered: 11/18/2021)
2021-11-182ATTORNEY Appearance for Plaintiff Jesus Vidal-Martinez by Christopher Paul Elmore (Elmore, Christopher) (Entered: 11/18/2021)
2021-11-18CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (mxo, ) (Entered: 11/18/2021)
2021-11-18CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mxo, ) (Entered: 11/18/2021)
2021-11-18SUMMONS Issued as to US Department of Homeland Security, US Immigration and Customs Enforcement, U.S. Attorney, and U.S. Attorney General (mxo, ) (Entered: 11/18/2021)
2021-12-023ATTORNEY Appearance for Plaintiff Jesus Vidal-Martinez by Jacob S. Briskman (Briskman, Jacob) (Entered: 12/02/2021)
2021-12-034SUMMONS Returned Executed by Jesus Vidal-Martinez as to All Defendants. (Attachments: # 1 Exhibit Certified Mail Receipts, # 2 Exhibit USPS Tracking Pages)(Briskman, Jacob) (Entered: 12/03/2021)
2021-12-165MINUTE entry before the Honorable Robert M. Dow, Jr: Joint status report due by 2/14/2022. Initial telephone conference is set for 2/17/2022 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial; (3) The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Plaintiff is to advise all other parties of the Courts action herein. The parties are requested to file a joint status report at least three business days prior to the initial status and all further status hearings. For further details see the Court's website available at www.ilnd.uscourts.gov. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Emailed notice (cdh, ) (Entered: 12/16/2021)
2021-12-206DEFENDANTS' ANSWER to Complaint by US Department of Homeland Security, US Immigration and Customs Enforcement(Haile, Jonathan) (Entered: 12/20/2021)
2022-02-147DESIGNATION of Jonathan C. Haile as U.S. Attorney for Defendants US Department of Homeland Security, US Immigration and Customs Enforcement (Haile, Jonathan) (Entered: 02/14/2022)
2022-02-148STATUS Report Joint Initial by Jesus Vidal-Martinez (Elmore, Christopher) (Entered: 02/14/2022)
2022-02-159MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 8 , the Court agrees with the parties' proposed case management plan and directs counsel to file an updated joint status report no later than 6/24/2022. Telephonic status hearing set for 2/17/2022 is stricken and no appearances are necessary on that date. Emailed notice (cdh, ) (Entered: 02/15/2022)
2022-06-2410STATUS Report Second Joint Status Report by Jesus Vidal-Martinez (Elmore, Christopher) (Entered: 06/24/2022)
2022-06-2711MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 10 , the Court directs counsel to file an updated joint status report not later than 8/23/2022. Emailed notice (cdh, ) (Entered: 06/27/2022)
2022-08-2312STATUS Report by Jesus Vidal-Martinez (Briskman, Jacob) (Entered: 08/23/2022)
2022-08-2913MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the status report 12 , an updated joint status report is due no later than 9/7/2022. Emailed notice (cdh, ) (Entered: 08/29/2022)
2022-09-0714STATUS Report by Jesus Vidal-Martinez (Briskman, Jacob) (Entered: 09/07/2022)
2022-09-0915MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 14 , the Court accepts the parties' suggestion that they file an updated joint status report no later than 10/17/2022. Emailed notice (cdh, ) (Entered: 09/09/2022)
2022-10-0316EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 22-0018: Pursuant that to the Executive Committee Order entered on September 9, 2022, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Nancy L. Maldonado; therefore IT IS HEREBY ORDERED that the attached list of 287 cases be reassigned to the Honorable Nancy L. Maldonado; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Nancy L. Maldonado's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Nancy L. Maldonado to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such case; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Nancy L. Maldonado to the Court's criminal case assignment system ninety (90) days so that Judge Maldonado shall thereafter receive a full share of such cases. Case reassigned to the Honorable Nancy L. Maldonado for all further proceedings. Honorable Robert M. Dow, Jr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/03/2022.(tg, ) (Entered: 10/03/2022)
2022-10-1717STATUS Report Joint Status Report by Jesus Vidal-Martinez (Briskman, Jacob) (Entered: 10/17/2022)
2022-11-0118MINUTE entry before the Honorable Nancy L. Maldonado: This case has recently been reassigned to the calendar of the Honorable Nancy L. Maldonado. By 11/16/2022, the parties are directed to file an Initial Status Report for Reassigned Case that complies with the Court's standing order, which can be found on the Court's website. (ca, ) (Entered: 11/01/2022)
2022-11-1619STATUS Report Initial Status Report for Reassigned Case by Jesus Vidal-Martinez (Briskman, Jacob) (Entered: 11/16/2022)
2022-11-1720MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed the Status Report 19 and grants Plaintiff's request to set a deadline of 11/29/22 to complete his review of the records Defendants produced and submit to Defendants a list of the pages he intends to challenge. By 12/21/2022 the parties must propose an agreed-upon deadline for dispositive motions to the Court by emailing the Courtroom Deputy. (ca, ) (Entered: 11/17/2022)
2022-12-2121MINUTE entry before the Honorable Nancy L. Maldonado: The Court approves the parties' briefing schedule. Defendant's motion for summary judgment is due by March 3, 2023; Plaintiff's response due April 7, 2023; Defendant's reply due April 28, 2023. (ca, ) (Entered: 12/21/2022)
2022-12-2922ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates) , any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/30/2022)
2023-03-0323MOTION by Defendants US Immigration and Customs Enforcement, US Department of Homeland Security for summary judgment (Haile, Jonathan) (Entered: 03/03/2023)
2023-03-0324MEMORANDUM by US Department of Homeland Security, US Immigration and Customs Enforcement in support of motion for summary judgment 23 (Haile, Jonathan) (Entered: 03/03/2023)
2023-03-0325RULE 56.1 Statement by US Department of Homeland Security, US Immigration and Customs Enforcement regarding motion for summary judgment 23 (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 2A, # 5 Exhibit 3)(Haile, Jonathan) (Entered: 03/03/2023)
2023-03-2626MOTION by Plaintiff Jesus Vidal-Martinez for extension of time to file response/reply (Briskman, Jacob) (Entered: 03/26/2023)
2023-03-2727MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's unopposed motion for extension of time to file response to Defendant's motion for summary judgment 26 is granted. Plaintiff's response is due May 5, 2023; Defendant's reply due May 26, 2023. (ca, ) (Entered: 03/27/2023)
2023-05-0128MOTION by Plaintiff Jesus Vidal-Martinez to stay (Briskman, Jacob) (Entered: 05/01/2023)
2023-05-0229MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Plaintiff's motion to stay proceedings in this case, pending the Seventh Circuit's ruling in Vidal-Martinez v. U.S. Immigration & Customs Enforcement, No. 22-2445 (7th Cir. August 16, 2022). The parties shall file a status report within 14 days of issuance of the Seventh Circuit's ruling, informing the Court on the impact of the ruling, if any, on this matter. The status report shall also contain proposed dates for filing the response and reply to the pending motion for summary judgment. (ca, ) (Entered: 05/02/2023)
2023-11-0830STIPULATION of Dismissal (Haile, Jonathan) (Entered: 11/08/2023)
2023-11-0931MINUTE entry before the Honorable Nancy L. Maldonado:Pursuant to the stipulation of dismissal per Federal Rule of Civil Procedure 41(a)(1)(ii), this case is dismissed with prejudice, with each party to bear their own attorney's fees and costs. Civil case terminated. (ca, ) (Entered: 11/09/2023)
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