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Case TitleMartin Vargas v. U.S. Immigration and Custom Enforcement et al
DistrictCentral District of California
CityEastern Division - Riverside
Case Number5:2022cv00287
Date Filed2022-02-16
Date Closed2022-11-15
JudgeJudge John W. Holcomb
PlaintiffMartin Vargas
Case DescriptionMartin Vargas submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the circumstances of the death of Vargas' father from COVID-19 while in the custody of ICE. The agency acknowledged receipt of the request. The agency denied Vargas' request under Exemption 7(A) (interference with ongoing investigation or proceeding). Vargas filed an administrative appeal and the agency upheld its original decision. Vargas also submitted a FOIA request to the Office of the Inspector General about the investigation of his father's death. The agency acknowledged receipt of the request but after hearing nothing from the agency, Vargas filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Immigration and Customs Enforcement a component of the Department of Homeland Security
DefendantDepartment of Homeland Security Office of the Inspector General
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-161COMPLAINT Receipt No: ACACDC-32802706 - Fee: $402, filed by plaintiff Martin Vargas. (Attachments: # 1 Exhibit A. Special Master R&R, # 2 Exhibit B. ICE FOIA Denial, # 3 Exhibit C. Administrative appeal, # 4 Exhibit D. ICE appeal response) (Attorney Joseph Carl Meyers added to party Martin Vargas(pty:pla))(Meyers, Joseph) (Entered: 02/16/2022)
2022-02-162CIVIL COVER SHEET filed by Plaintiff Martin Vargas. (Meyers, Joseph) (Entered: 02/16/2022)
2022-02-163CERTIFICATE of Interested Parties filed by Plaintiff Martin Vargas, (Meyers, Joseph) (Entered: 02/16/2022)
2022-02-164Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by plaintiff Martin Vargas. (Meyers, Joseph) (Entered: 02/16/2022)
2022-02-165Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by plaintiff Martin Vargas. (Meyers, Joseph) (Entered: 02/16/2022)
2022-02-176NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Sheri Pym. (et) (Entered: 02/17/2022)
2022-02-177NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 02/17/2022)
2022-02-178Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 02/17/2022)
2022-02-17930 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant United States Immigration and Customs Enforcement. (et) (Entered: 02/17/2022)
2022-02-171030 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Department of Homeland Security. (et) (Entered: 02/17/2022)
2022-02-2311ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Terry J. Hatter, Jr, for the reasons set forth on this order. Related Case No. 5:20-cv-00768-TJH(PVCx) (ap) (Entered: 02/24/2022)
2022-02-2512STANDING ORDER by Judge John W. Holcomb. (iva) (Entered: 02/25/2022)
2022-03-1513PROOF OF SERVICE Executed Martin Vargas, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Front Desk/Reception/Mail Room. Executed upon the Attorney Generals Office of the United States by delivering a copy to USPS confirms "Individual Picked Up at Postal Facility". Executed upon the officer agency or corporation by delivering a copy to USPS indicates "Left with Individual". Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: # 1 Affidavit of Khaled Alrabe)(Meyers, Joseph) (Entered: 03/15/2022)
2022-03-2814STIPULATION Extending Time to Answer the complaint as to Department of Homeland Security answer now due 4/29/2022; United States Immigration and Customs Enforcement answer now due 4/29/2022, re Complaint (Attorney Civil Case Opening), 1 filed by Defendants Department of Homeland Security; United States Immigration and Customs Enforcement.(Attorney Ryan Casey Chapman added to party Department of Homeland Security(pty:dft), Attorney Ryan Casey Chapman added to party United States Immigration and Customs Enforcement(pty:dft))(Chapman, Ryan) (Entered: 03/28/2022)
2022-04-2215STIPULATION for Extension of Time to File Answer to May 30, 2022 re Complaint (Attorney Civil Case Opening), 1 filed by Defendants Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Chapman, Ryan) (Entered: 04/22/2022)
2022-04-2516ORDER 15 by Judge John W. Holcomb. Pursuant to the parties' Stipulation, and for good cause shown, it is hereby ORDERED that the deadline for Defendants' response to the Complaint is EXTENDED to May 30, 2022. IT IS SO ORDERED. (yl) (Entered: 04/26/2022)
2022-05-1917TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY (Entered: 05/19/2022)
2022-05-2518STIPULATION for Extension of Time to File Answer to June 29, 2022 re Complaint (Attorney Civil Case Opening), 1 filed by Defendants Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Chapman, Ryan) (Entered: 05/25/2022)
2022-05-3119ORDER 18 by Judge John W. Holcomb. Pursuant to the parties' Stipulation, and for good cause shown, it is hereby ORDERED that the deadline for Defendants' response to the Complaint is EXTENDED to June 29, 2022. IT IS SO ORDERED. (yl) (Entered: 05/31/2022)
2022-06-2820STIPULATION for Extension of Time to File Answer to August 29, 2022 re Complaint (Attorney Civil Case Opening), 1 filed by Defendants Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Chapman, Ryan) (Entered: 06/28/2022)
2022-06-2921ORDER by Judge John W. Holcomb 20 . Pursuant to the parties' stipulation and for good cause shown, it is hereby ORDERED that the deadline for the Defendant's response to the Complaint is EXTENDED to August 29, 2022. IT IS SO ORDERED. (yl) (Entered: 06/29/2022)
2022-08-2522STIPULATION for Extension of Time to File Answer to September 28, 2022 re Complaint (Attorney Civil Case Opening), 1 filed by Defendants Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Chapman, Ryan) (Entered: 08/25/2022)
2022-08-2724ORDER 22 by Judge John W. Holcomb. Pursuant to the parties' stipulation, and for good cause shown, it is hereby ORDERED that the deadline for Defendant's response to the Complaint is EXTENDED to 9/28/2022. IT IS SO ORDERED. (yl) (Entered: 08/30/2022)
2022-08-3023ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendants Department of Homeland Security, United States Immigration and Customs Enforcement.(Chapman, Ryan) (Entered: 08/30/2022)
2022-08-3125ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 10/7/2022 at 11:00 AM before Judge John W. Holcomb. (dgo) (Entered: 08/31/2022)
2022-09-1926STIPULATION to Continue SCHEDULING CONFERENCE filed by Defendants Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Chapman, Ryan) (Entered: 09/19/2022)
2022-09-1927ORDER by Judge John W. Holcomb. Pursuant to the parties' Stipulation, and for good cause shown, it is hereby ORDERED that the October 7, 2022, Scheduling Conference is CONTINUED to December 2, 2022, at 11:00 a.m., via video conference and that the Rule 26(f) Report be due fourteen days before that date. IT IS SO ORDERED. (yl) (Entered: 09/20/2022)
2022-09-2728NOTICE OF MOTION AND MOTION of Joseph Meyers to Withdraw as Attorney filed by Plaintiff Martin Vargas. (Attachments: # 1 Declaration of Joseph Meyers, # 2 Proposed Order) (Meyers, Joseph) (Entered: 09/27/2022)
2022-09-2929ORDER GRANTING MOTION TO WITHDRAWAL AS COUNSEL 28 by Judge John W. Holcomb. The Motion to Withdraw is GRANTED. Accordingly, it is hereby ORDERED that Mr. Meyers may withdraw as counsel. The Clerk of Court is DIRECTED to remove Mr. Meyers from the Case Management/Electronic Case Files (CM/ECF) notification list in this matter. IT IS SO ORDERED. (yl) (Entered: 09/30/2022)
2022-11-1430Notice OF ANTICIPATED SETTLEMENT AND JOINT REQUEST TO VACATE SCHEDULING CONFERENCE filed by Defendants Department of Homeland Security, United States Immigration and Customs Enforcement. (Chapman, Ryan) (Entered: 11/14/2022)
2022-11-1531SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: In light of the Notice of Settlement filed November 14, 2022 [ECF No. 30], indicating that the case has settled, this action is placed in inactive status. By December 30, 2022, the parties shall file either (1) a Stipulation of Dismissal under Fed. R. Civ. P. 41(a)(1)(A)(ii); (2) a Stipulation for an Order of Dismissal under Fed. R. Civ. P. 41(a)(2); or (3) a motion to reopen if settlement has not been consummated. Upon the failure to comply with this Order in a timely manner, this action shall be deemed dismissed as of January 2, 2023. This Court retains full jurisdiction over this action and this Order shall not prejudice any party. All previously set deadlines and dates are hereby VACATED. (JS-6) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 11/15/2022)
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