| Date Filed | Doc # | Docket Text |
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| 2022-08-05 | 1 | COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9422106) filed by JG LAW, PLLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Gahagan, Michael) (Entered: 08/05/2022) |
| 2022-08-09 | | NOTICE OF ERROR re 1 Complaint; emailed to michaelgahagan@immigrationlawneworleans.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 3. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 4. Please use the Summons in a Civil Case-FOIA: https://www.dcd.uscourts.gov/sites/dcd/files/Summons-FOIA_2013_FILL.pdf, 5. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 08/09/2022) |
| 2022-08-09 | 2 | CIVIL COVER SHEET by JG LAW, PLLC re 1 Complaint, filed by JG LAW, PLLC. Related document: 1 Complaint, filed by JG LAW, PLLC.(Gahagan, Michael) (Entered: 08/09/2022) |
| 2022-08-09 | 3 | REQUEST FOR SUMMONS TO ISSUE filed by JG LAW, PLLC. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(Gahagan, Michael) (Entered: 08/09/2022) |
| 2022-08-09 | 4 | ERRATA by JG LAW, PLLC. (Gahagan, Michael) (Entered: 08/09/2022) |
| 2022-08-10 | | Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 08/10/2022) |
| 2022-08-10 | 5 | SUMMONS (5) Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(ztth) (Entered: 08/10/2022) |
| 2022-08-11 | 6 | ENTERED IN ERROR.....SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) Modified on 9/22/2022(zsb). (Entered: 08/11/2022) |
| 2022-09-13 | 7 | REQUEST FOR SUMMONS TO ISSUE filed by JG LAW, PLLC.(Gahagan, Michael) (Entered: 09/13/2022) |
| 2022-09-14 | 8 | SUMMONS (1) Reissued Electronically as to UNITED STATES DEPARTMENT OF STATE. (ztth) (Entered: 09/14/2022) |
| 2022-09-22 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 9/20/2022 (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit)(Gahagan, Michael) (Entered: 09/22/2022) |
| 2022-09-22 | 11 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/25/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 9/24/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/25/2022. (See Docket Entry 9 to view documents) (ztth) (Entered: 10/05/2022) |
| 2022-09-26 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 9/23/2022 (Gahagan, Michael) (Entered: 09/26/2022) |
| 2022-11-02 | | MINUTE ORDER: It is hereby ORDERED that Plaintiff shall file a status report by November 9, 2022, informing the Court of the status of its service efforts, whether the parties have discussed a production or briefing schedule, and how it wishes to prosecute this action. Signed by Judge Timothy J. Kelly on 11/2/2022. (lctjk3) (Entered: 11/02/2022) |
| 2022-11-07 | 12 | First MOTION for Summary Judgment by JG LAW, PLLC. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Exhibit, # 5 Exhibit)(Gahagan, Michael) (Entered: 11/07/2022) |
| 2022-11-08 | 13 | First STATUS REPORT by JG LAW, PLLC. (Gahagan, Michael) (Entered: 11/08/2022) |
| 2022-11-09 | | MINUTE ORDER denying without prejudice Plaintiff's 12 Motion for Summary Judgment. Plaintiff's position is that it "has properly made service of process on all Defendants." ECF No. 13 at 1. By Plaintiff's calculation, the deadline for Defendants to file a responsive pleading was "September 24, 2022." ECF No. 12-1 at 1. Yet no Defendant has filed a responsive pleading or even entered an appearance. Plaintiff's motion for summary judgment is premature. Where a defendant has not appeared, "the appropriate avenue for Plaintiff to take is to obtain a Clerks default and move for default judgment, not summary judgment." Castle v. Florida , No. 6:18-CV-243, 2018 WL 3135938, at *1 (M.D. Fla. June 27, 2018). For one thing, the Court could not grant the Motion "by default even if there is a complete failure to respond." Cohen v. Bd. of Tr. of Univ. of D.C. , 819 F.3d 476, 482 (D.C. Cir. 2016) (quoting Fed. R. Civ. P. 56(e) advisory committee's note). The Court would have to assess Plaintiff's entitlement to relief without the benefit of Defendants' position. Id. For another, default judgments and unopposed summary judgments may have different issue-preclusive consequences. Compare 18A Charles Allan Wright & Arthur R. Miller, Federal Practice and Procedure § 4442, Westlaw (database updated Apr. 2022) (explaining that, generally, "default judgments do not support issue preclusion"), with id. § 4444 (Issue "[p]reclusion is appropriate even if the summary-judgment motion went unopposed...."). So the Court cannot accept Plaintiff's Motion as a substitute for following the ordinary procedure governing Defendants' failure to appear. That procedure requires a party first to get a clerk's entry of default. See Fed. R. Civ. P. 55(a); Ventura v. L.A. Howard Constr. Co. , 134 F. Supp. 3d 99, 102 (D.D.C. 2015). Once the clerk enters a default, the party may move for default judgment. See Fed. R. Civ. P. 55(b); Ventura , 134 F. Supp. 3d at 103. Even where those steps are followed, a default judgment is not automatic. Ventura , 134 F. Supp. 3d at 103. That procedure protects defendants from erroneous judgments and furthers the federal policy of favoring dispositions on the merits by allowing courts to "set aside an entry of default for good cause." Fed. R. Civ. P. 55(c); see also Keegel v. Key West & Caribbean Trading Co. , 627 F.2d 372, 373-74 (D.C. Cir. 1980). Plaintiff may not sidestep that procedure by moving for summary judgment. Thus, it is hereby ORDERED that the 12 Motion is DENIED WITHOUT PREJUDICE. Signed by Judge Timothy J. Kelly on 11/9/2022. (lctjk3) (Entered: 11/09/2022) |
| 2022-11-09 | 14 | NOTICE of Appearance by Heather D. Graham-Oliver on behalf of UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE (Graham-Oliver, Heather) (Entered: 11/09/2022) |
| 2022-11-09 | 15 | MOTION for Extension of Time to File Answer Nunc Pro Tunc by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration)(Graham-Oliver, Heather) (Entered: 11/09/2022) |
| 2022-11-10 | 16 | MOTION for Summary Judgment by JG LAW, PLLC. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Gahagan, Michael) (Entered: 11/10/2022) |
| 2022-11-21 | 17 | ANSWER to Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Graham-Oliver, Heather) (Entered: 11/21/2022) |
| 2022-11-22 | 18 | MOTION to Hold in Abeyance re 16 MOTION for Summary Judgment Or Alternatively to Deny Plaintiff's Motion For Summary Judgment without Prejudice by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (Graham-Oliver, Heather) (Entered: 11/22/2022) |
| 2022-11-29 | | MINUTE ORDER granting Defendants' 15 Opposed Motion for Nunc Pro Tunc Extension of Time to Respond to the Complaint. It is hereby ORDERED that, nunc pro tunc , and for good cause shown, Defendants' 15 Motion is GRANTED. ECF No. 17 and the attachments thereto shall be treated as a timely answer to Plaintiff's 1 Complaint. It is further ORDERED that Plaintiff shall file any response to Defendants' 18 Motion to Deny Without Prejudice or Hold in Abeyance Plaintiff's 16 Motion for Summary Judgment by December 6, 2022; and Defendants shall file any reply by December 13, 2022. Signed by Judge Timothy J. Kelly on 11/29/2022. (lctjk3) (Entered: 11/29/2022) |
| 2022-12-06 | 19 | Memorandum in opposition to re 18 Motion to Hold in Abeyance, filed by JG LAW, PLLC. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Gahagan, Michael) (Entered: 12/06/2022) |
| 2022-12-13 | 20 | REPLY to opposition to 18 motion For Order Denying Plaintiff's motion without Prejudice Or In the Alternative to Hold Briefing in Abeyance filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (Graham-Oliver, Heather); Modified text and added docket entry relationship on 12/16/2022 (ztth). (Entered: 12/13/2022) |
| 2022-12-13 | | MINUTE ORDER denying without prejudice Plaintiff's 16 Motion for Summary Judgment and granting in part Defendants' 18 Motion to Deny Without Prejudice or Hold in Abeyance Plaintiff's Motion for Summary Judgment. Recently, this Court denied without prejudice as premature Plaintiff's 12 Motion for Summary Judgment. Minute Order of Nov. 9, 2022. The next day, after Defendants appeared, Plaintiff refiled his motion. But the Motion remains premature. Defendants claim they never received Plaintiff's FOIA requests. ECF No. 18 at 1. Plaintiff disagrees, and so asks the Court to order Defendants to "conduct a legally adequate search," to "properly respond" to his requests, to "produce... all reasonably segregable information within all responsive agency records," to "conduct a legally adequate segregability analysis," to "produce a legally adequate Vaughn index of all responsive agency information withheld under any claim of exemption," and not to "withhold any non-exempt responsive agency information." ECF No. 16-3 at 12. The order he seeks would, in other words, restate Defendants' general FOIA obligations without any particularized application to searches, productions, or withholdings in this case. That is unsurprising because it appears no search has yet been performed. See ECF No. 17 at ¶¶ 14-17. In any event, it does nothing to resolve the dispute between the parties for the Court to order Defendants to simply obey the law in the abstract, which of course they must do anyway. Moreover, entering an order along those lines would be improper; any order enjoining them to act must "describe in reasonable detail... the act or acts restrained or required." Fed. R. Civ. P. 65(d)(1)(C). On this record, the Court cannot yet produce "an operative command capable of enforcement." Int'l Longshoremen's Ass'n v. Phila. Marine Trade Ass'n , 389 U.S. 64, 74 (1967) (quotation omitted). Thus, Plaintiff's "request is presently too general for the Court" to grant the relief he seeks. Gentle Giant Moving Co. v. Gentle Giant Moving & Storage, Inc. , No. 17-CV-2762 (PAB), 2019 WL 4200397, at *7 (D. Colo. Sept. 4, 2019). Greater detail will become possible once the parties have had an opportunity to "confer and address what issues are ripe for litigation," as Defendants point out. ECF No. 18 at 3. Accordingly, it is hereby ORDERED that Plaintiff's 16 Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that Defendants' 18 Motion to Deny Without Prejudice or Hold in Abeyance Plaintiff's Motion for Summary Judgment is GRANTED IN PART to the extent it seeks an order denying without prejudice Plaintiff's 16 Motion. It is further ORDERED that the parties shall meet, confer, and file, by January 11, 2023, a joint proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 12/13/2022. (lctjk3) (Entered: 12/13/2022) |
| 2023-01-11 | 21 | Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (Graham-Oliver, Heather) (Entered: 01/11/2023) |
| 2023-01-12 | | MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file, by March 10, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 1/12/2023. (lctjk3) (Entered: 01/12/2023) |
| 2023-03-10 | 22 | STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (Graham-Oliver, Heather) (Entered: 03/10/2023) |
| 2023-03-13 | | MINUTE ORDER: Upon consideration of Defendants' 22 Status Report, it is hereby ORDERED that the parties shall file, by May 10, 2023, a joint status report. Signed by Judge Timothy J. Kelly on 3/13/2023. (lctjk3) (Entered: 03/13/2023) |
| 2023-03-30 | 23 | NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE Substituting for attorney Heather D. Graham-Oliver (McBride, Patricia) (Entered: 03/30/2023) |
| 2023-05-10 | 24 | MOTION to Withdraw as Attorney by JG LAW, PLLC. (Attachments: # 1 Proposed Order)(Gahagan, Michael) (Entered: 05/10/2023) |
| 2023-05-24 | 25 | Unopposed MOTION for Leave to File STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 05/24/2023) |
| 2023-05-24 | 26 | Notice of Appearance by JG LAW, PLLC. (Iwashko, Lev); Modified on 5/24/2023 (ztth). (Entered: 05/24/2023) |
| 2023-05-24 | 27 | Unopposed MOTION to Continue by JG LAW, PLLC. (Attachments: # 1 Order)(Iwashko, Lev) (Entered: 05/24/2023) |
| 2023-05-26 | 28 | Memorandum in opposition to re 27 Motion to Continue Opposition filed by Michael W. Gahagan filed by JG LAW, PLLC. (Attachments: # 1 Statement of Facts, # 2 Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Gahagan, Michael) (Entered: 05/26/2023) |
| 2023-05-31 | | MINUTE ORDER denying Plaintiff's 27 Motion to Continue, denying without prejudice Defendants' 25 Motion for Leave to File Status Report, and sua sponte staying the case until June 27, 2023. Plaintiff's attorney has moved to withdraw his appearance. ECF No. 24. Through counsel appearing only for the purpose of responding to that motion, ECF No. 26, Plaintiff moves to "continue" the case until June 2, when it "estimates" that it can file a further response, ECF. No. 27. Plaintiff notes that it has not yet been able to find a new attorney to represent it generally, and it also says it did not receive adequate notice of its attorney's motion to withdraw. ECF No. 27 at 2. Defendants also move to set a future status-report deadline. ECF No. 25 at 3. Regarding Plaintiff's representation, the Court concludes that its attorney has satisfied the requirements of Local Rule 83.6(c). Even if, as Plaintiff claims, its attorney sent the motion to an old address, it remains true that the motion states that the attorney "served upon Plaintiff a copy of the motion and a notice [containing the language from Local Rule 83.6(c)]." ECF No. 24 at 2. And its certificate of service lists the same address Plaintiff provided in its complaint. Compare ECF No. 24 at 3 with ECF No. 4 at 1. Moreover, Plaintiff apparently received notice of the motion--it has responded. But Local Rule 83.6(d) explains that the Court "may deny an attorney's motion for leave to withdraw if the withdrawal would... be unfairly prejudicial to any party." The Court has "discretion" in evaluating that factor, and it may "consider the disruptive impact that the withdrawal will have on the prosecution of the case." Laster v. District of Columbia , 460 F. Supp. 2d 111, 113 (D.D.C. 2006). Although Plaintiff's attorney claims that Plaintiff "will not suffer any prejudice" from the withdrawal, ECF No. 28 at 4, the Court is not so sure. If the motion is granted, Plaintiff's only remaining attorney will be one whose representation is limited to opposing the motion to withdraw. See ECF No. 26 at 1. And because Plaintiff is a legal entity, it cannot appear pro se . See Alexian Bros. Med. Ctr. v. Sebelius , 63 F. Supp. 3d 105, 108 (D.D.C. 2014); Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council , 506 U.S. 194, 201-03 (1993) (noting the rule that "all artificial entities" "may appear in the federal courts only through licensed counsel"). So if Plaintiff's attorney is permitted to withdraw, it appears the Court must dismiss the case. Alexian Bros. , 63 F. Supp. 3d at 108. "[I]n light of the difficulty" Plaintiff has had in "securing new counsel" on relatively short notice, it appears possible that Plaintiff would suffer unfair prejudice from the withdrawal. See id. Mindful that Plaintiff's attorney is also burdened by having to remain in the case against his will, and after balancing that burden against the prejudice Plaintiff would suffer from dismissal of this action, the Court will give Plaintiff a "final opportunity to locate successor counsel." Id. at 109. Thus, it is hereby ORDERED that Plaintiff's 27 Motion to Continue is DENIED. It is further ORDERED, sua sponte , that the case is STAYED until June 27, 2023, on which date, if no attorney has entered a general appearance on Plaintiff's behalf, the Court will grant the pending motion to withdraw and entertain any subsequently filed motion to dismiss this case. Regarding Defendants' motion to set a status-report deadline, the Court will not set any further deadlines until the matter of Plaintiff's representation is resolved. Thus, it is further ORDERED that Defendants' 25 Motion for Leave to File Status Report is DENIED WITHOUT PREJUDICE. Signed by Judge Timothy J. Kelly on 5/31/2023. (lctjk3) (Entered: 05/31/2023) |
| 2023-06-01 | | Case Stayed until June 27, 2023. (ztg) (Entered: 06/01/2023) |
| 2023-06-26 | 29 | NOTICE of Appearance by Brian Scott Green on behalf of JG LAW, PLLC (Green, Brian) (Entered: 06/26/2023) |
| 2023-06-27 | | MINUTE ORDER: Attorney Brian S. Green has entered a general appearance on Plaintiff's behalf. ECF No. 29. Thus, for the reasons stated in the Court's Minute Order of May 31, 2023, it is hereby ORDERED that Attorney Michael W. Gahagan's 24 Motion to Withdraw as Plaintiff's Counsel is GRANTED. Attorney Michael W. Gahagan is permitted to withdraw as counsel for Plaintiff. It is further ORDERED that the stay is LIFTED. It is further ORDERED that the parties shall file, by July 30, 2023, a joint status report. Signed by Judge Timothy J. Kelly on 6/27/2023. (lctjk3) (Entered: 06/27/2023) |
| 2023-06-27 | | Case Unstayed. (zkh) (Entered: 06/27/2023) |
| 2023-07-30 | 30 | Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 07/30/2023) |
| 2023-07-31 | 31 | ERRATA CORRECTION TO PAR 3 by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE re 30 Status Report. (McBride, Patricia) (Entered: 07/31/2023) |
| 2023-07-31 | | MINUTE ORDER: Upon consideration of the parties' 30 Joint Status Report, it is hereby ORDERED that the parties shall file, by September 30, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 7/31/2023. (lctjk3) (Entered: 07/31/2023) |
| 2023-10-03 | 32 | Joint MOTION for Leave to File by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 10/03/2023) |
| 2023-10-04 | | MINUTE ORDER granting the parties' 32 Motion for Leave to File Joint Status Report. Upon consideration of the parties' 32 Motion for Leave to File Joint Status Report, and for good cause and excusable neglect shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall file, by November 30, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 10/4/2023. (lctjk3) (Entered: 10/04/2023) |
| 2023-10-06 | 33 | Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 10/06/2023) |
| 2023-12-08 | | MINUTE ORDER: It is hereby ORDERED that by December 15, 2023, the parties shall file a further joint status report. Signed by Judge Timothy J. Kelly on 12/8/2023. (lctjk3) (Entered: 12/08/2023) |
| 2023-12-08 | | Set/Reset Deadlines: Joint Status Report due by 12/15/2023. (zkh) (Entered: 12/08/2023) |
| 2023-12-14 | 34 | Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 12/14/2023) |
| 2023-12-15 | | MINUTE ORDER: Upon consideration of the parties' 34 Joint Status Report, it is hereby ORDERED that the parties shall file, by February 15, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 12/15/2023. (lctjk3) (Entered: 12/15/2023) |
| 2024-02-15 | 35 | Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF STATE. (McBride, Patricia) (Entered: 02/15/2024) |
| 2024-02-21 | | MINUTE ORDER: Upon consideration of the parties' 35 Joint Status Report, it is hereby ORDERED that the parties shall file, by April 20, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 2/21/2024. (lctjk3) (Entered: 02/21/2024) |
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