Skip to content

Case Detail

[Subscribe to updates]
Case TitleMcCann v. United States Citizenship and Immigration Services
DistrictEastern District of Louisiana
CityNew Orleans
Case Number2:2022cv02502
Date Filed2022-08-04
Date ClosedOpen
JudgeJudge Jane Triche Milazzo
PlaintiffLanie McCann
Case DescriptionLanie McCann submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the Notice of Intent to Rescind Permanent Resident Status he received from the agency. The agency acknowledged receipt of the request and withheld 384 pages in full or in part. McCann filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, McCann filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Citizenship and Immigration Services
DefendantUnited States Citizenship and Immigration Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-08-041COMPLAINT against United States Citizenship and Immigration Services (Filing fee $ 402 receipt number ALAEDC-9482167) filed by Lanie McCann. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)Attorney Michael Wayne Gahagan added to party Lanie McCann(pty:pla).(Gahagan, Michael) (Entered: 08/04/2022)
2022-08-042Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Donna Phillips Currault. (cc) (Entered: 08/04/2022)
2022-08-053Summons Issued as to United States Citizenship and Immigration Services. (Attachments: # 1 Summons, # 2 Summons)(am) (Entered: 08/05/2022)
2022-09-124SUMMONS Returned Executed; U.S. Citizenship and Immigration Services served on 8/23/2022, answer due 10/24/2022. (Attachments: # 1 Affidavit, # 2 Affidavit)(Gahagan, Michael) (Entered: 09/12/2022)
2022-09-305ANSWER to 1 Complaint, by U.S. Citizenship and Immigration Services.Attorney Brock Darren Dupre added to party U.S. Citizenship and Immigration Services(pty:dft).(Dupre, Brock) (Entered: 09/30/2022)
2022-09-306MOTION for Summary Judgment by Lanie McCann. Motion(s) will be submitted on 10/19/2022. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Gahagan, Michael) Modified text on 10/3/2022 (am). (Entered: 09/30/2022)
2022-10-037MOTION to Continue Plaintiff's Motion for Summary Judgment , MOTION for Status Conference by U.S. Citizenship and Immigration Services. Motion(s) will be submitted on 10/19/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Dupre, Brock) (Entered: 10/03/2022)
2022-10-038EXPARTE/CONSENT MOTION to Expedite Defendant's Motion for Status Conference and to Continue Plaintiff's Motion for Summary Judgment by U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 10/03/2022)
2022-10-049ORDER: IT IS HEREBY ORDERED that Defendant's motion 8 is GRANTED and Defendant's Motion for Status Conference and to Continue Plaintiff's Motion Summary Judgment, Rec. Doc. 7, will be given expedited consideration and be decided before October 11, 2022. Signed by Judge Jane Triche Milazzo on 10/04/2022. (am) (Entered: 10/04/2022)
2022-10-1110ORDER GRANTING 7 MOTION to Continue and set Status Conference. The submission date as to 6 Motion for Summary Judgment is RESET for November 2, 2022. Furthermore, IT IS ORDERED that a telephone status conference is SET in this matter for November 3, 2022, at 1:30 pm. Counsel are instructed to call 888-273-3658 and use Access Code: 1304800 when instructed. The Court will join the call when all parties are on the line. Signed by Judge Jane Triche Milazzo on 10/11/2022.(sa) (Entered: 10/11/2022)
2022-10-2511RESPONSE/MEMORANDUM in Opposition filed by U.S. Citizenship and Immigration Services re 6 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 10/25/2022)
2022-11-0312Minute Entry for proceedings held before Judge Jane Triche Milazzo: Status Conference held on 11/3/2022. IT IS ORDERED that counsel for the government must turn the Vaughn index over to counsel for the Plaintiff within 48 hours of its receipt and inform the Court. IT IS FURTHER ordered that a follow-up telephone status conference will be SET for two weeks from that date at that time. (sa) (Entered: 11/04/2022)
2022-12-0513ORDER re 12 Status Conference: IT IS ORDERED that a telephone status conference is SET for December 15, 2022 at 10 a.m. to discuss this matter. Counsel for Plaintiff shall initiate the call and contact the undersigned's chambers at (504) 589-7585 once all parties are on the line. Signed by Judge Jane Triche Milazzo on 12/05/2022.(am) (Entered: 12/05/2022)
2022-12-0714NOTICE by Lanie McCann re 13 Order,, Set/Reset Hearings, . (Attachments: # 1 Administrative Hearing Notice)(Gahagan, Michael) (Entered: 12/07/2022)
2022-12-0815SCHEDULING ORDER (No PDF Document Attached) re 14 Notice filed by Lanie McCann. IT IS ORDERED that the telephone status conference previously set on December 15, 2022 is RESET for December 14, 2022 at 2pm. The parties shall call 888-273-3658 and use access code 1304800. Signed by Judge Jane Triche Milazzo.(Beal, Kennedy) (Entered: 12/08/2022)
2022-12-1416Minute Entry for proceedings held before Judge Jane Triche Milazzo: Status Conference held on 12/14/2022. The parties discussed the scheduling order in the case. IT IS ORDERED that the Case Manager shall reach out to the parties and apply a new briefing schedule. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment (Doc. 6 ) is DENIED WITHOUT PREJUDICE. Signed by Judge Jane Triche Milazzo on 12/14/2022. (sa) (Entered: 12/15/2022)
2022-12-1617NOTICE OF SCHEDULING CONFERENCE - Scheduling Conference SET for 1/10/2023 at 2:00 PM before case manager by telephone. Counsel are to participate by dialing (866) 434-5269 and entering access code: 8280506. Issued by Case Manager. (sa) (Entered: 12/16/2022)
2023-01-1118BRIEFING ORDER - A Scheduling Conference was held on 1/10/2023 and briefing deadlines were set as follows: Motion for Summary Judgment due 2/10/2023; Opposition due 3/10/2023; Reply Memorandum due 3/17/2023; and Sur-Reply Memorandum due 3/24/2023. Motion will be submitted on March 29, 2023. Signed by Judge Jane Triche Milazzo on 1/11/2023.(sa) (Entered: 01/11/2023)
2023-02-1019MOTION for Summary Judgment by U.S. Citizenship and Immigration Services. Motion(s) will be submitted on 3/29/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Statement of Contested/Uncontested Facts, # 6 Notice of Submission)(Dupre, Brock) (Entered: 02/10/2023)
2023-03-1020RESPONSE/MEMORANDUM in Opposition filed by Lanie McCann re 19 MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Gahagan, Michael) (Entered: 03/10/2023)
2023-03-1721EXPARTE/CONSENT MOTION for Leave to File Reply memorandum in support of its Motion for Summary Judgment, Rec. Doc. 19 by U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A, # 4 Exhibit B)(Dupre, Brock) Modified text on 3/20/2023 (am). (Entered: 03/17/2023)
2023-03-2022ORDER granting 21 Motion for Leave to File Reply. Signed by Judge Jane Triche Milazzo on 03/20/2023. (am) (Entered: 03/20/2023)
2023-03-2023REPLY to Response to Motion filed by U.S. Citizenship and Immigration Services re 21 MOTION for Leave to File Reply memorandum in support of its Motion for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(am) (Entered: 03/20/2023)
2023-03-2424Supplemental Memorandum filed by Lanie McCann, in Opposition of 19 MOTION for Summary Judgment Sur-Reply . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Exhibit)(Gahagan, Michael) (Entered: 03/24/2023)
2023-07-2425ORDER AND REASONS: Based on the foregoing, USCIS's Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. IT IS ORDERED that on or before August 25, 2023, supplemental declarations taking into account the shortcomings identified herein be provided to the Court and Plaintiff. Signed by Judge Jane Triche Milazzo on 07/24/2023. (am) (Entered: 07/24/2023)
2023-08-2526Response by U.S. Citizenship and Immigration Services to 25 Order on Motion for Summary Judgment, Response to Court's Order dated 7/24/23 (Attachments: # 1 Exhibit A)(Dupre, Brock) Modified on 8/25/2023 (am). (Entered: 08/25/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar