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Case TitleNational Immigration Litigation Alliance et al v. US Department of State
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2022cv11734
Date Filed2022-10-13
Date ClosedOpen
JudgeJudge Nathaniel M. Gorton
PlaintiffNational Immigration Litigation Alliance
PlaintiffChurch World Service
Case DescriptionThe National Immigration Litigation Alliance and Church World Services submitted a FOIA request to the Department of State for records concerning the staffing, processing, and adjudication of Form I-730 Refugee/Asylee Relative Petitions. The agency acknowledged receipt of the request. DOS told NILA that it would not be able to respond within 20 days. After hearing nothing further from the agency, NILA filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUS Department of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-131COMPLAINT against US Department of State Filing fee: $ 402, receipt number AMADC-9538520 (Fee Status: Filing Fee paid), filed by Church World Service, National Immigration Litigation Alliance. (Attachments: # 1 Exhibit Exhibit A, FOIA request, # 2 Exhibit Exhibit B, DOS email, # 3 Exhibit Exhibit C, FOIA acknowledgement, # 4 Civil Cover Sheet Civil cover sheet, # 5 Category form)(Marzouk, Stephanie) (Entered: 10/13/2022)
2022-10-132MOTION for Leave to Appear Pro Hac Vice for admission of Kristin Macleod-Ball, Trina Realmuto Filing fee: $ 200, receipt number AMADC-9538531 by Church World Service, National Immigration Litigation Alliance. (Attachments: # 1 Exhibit Ex A Affidavit of Kristin MacLeod Ball, # 2 Exhibit Ex B Affidavit of Trina Realmuto, # 3 Text of Proposed Order Proposed order)(Marzouk, Stephanie) (Entered: 10/13/2022)
2022-10-133ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (Finn, Mary) (Entered: 10/13/2022)
2022-10-134Summons Issued as to US Department of State. 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. (Warnock, Douglas) (Entered: 10/13/2022)
2022-10-135Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING 2 Motion for Leave to Appear Pro Hac Vice Added Kristin Macleod-Ball and Trina Realmuto. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account . Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm . A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) (Entered: 10/13/2022)
2022-10-146NOTICE of Appearance by Trina Realmuto on behalf of Church World Service, National Immigration Litigation Alliance (Realmuto, Trina) (Entered: 10/14/2022)
2022-10-177NOTICE of Appearance by Kristin Macleod-Ball on behalf of Church World Service, National Immigration Litigation Alliance (Macleod-Ball, Kristin) (Entered: 10/17/2022)
2022-10-278NOTICE of Appearance by Thomas E. Kanwit on behalf of US Department of State (Kanwit, Thomas) (Entered: 10/27/2022)
2022-10-279AFFIDAVIT OF SERVICE Executed by National Immigration Litigation Alliance, Church World Service. US Department of State served on 10/26/2022, answer due 11/16/2022. Acknowledgement filed by National Immigration Litigation Alliance; Church World Service. (Macleod-Ball, Kristin) (Entered: 10/27/2022)
2022-11-2110Assented to MOTION for Extension of Time to File Answer re 1 Complaint, to December 16, 2022 by US Department of State.(Kanwit, Thomas) (Entered: 11/21/2022)
2022-11-2211Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING 10 Assented to MOTION for Extension of Time to File Answer re 1 Complaint, to December 16, 2022 , 1 Complaint, US Department of State answer due 12/16/2022. (Warnock, Douglas) (Entered: 11/22/2022)
2022-12-1912Assented to MOTION for Extension of Time to 12/20/22 to File Answer re 1 Complaint, by US Department of State.(Kanwit, Thomas) (Entered: 12/19/2022)
2022-12-1913ANSWER to 1 Complaint, by US Department of State.(Kanwit, Thomas) (Entered: 12/19/2022)
2022-12-2014Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 12 Assented to MOTION for Extension of Time to 12/20/22 to File Answer re 1 Complaint, US Department of State answer due 12/20/2022. (Lima, Christine) (Entered: 12/20/2022)
2022-12-2015NOTICE of Scheduling Conference Scheduling Conference, to be held by telephone, set for 2/24/2023 11:00 AM in Remote Proceeding : Boston before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 12/20/2022)
2023-02-1716JOINT SUBMISSION pursuant to Local Rule 16.1 by Church World Service, National Immigration Litigation Alliance.(Macleod-Ball, Kristin) (Entered: 02/17/2023)
2023-02-2417Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held by telephone on 2/24/2023. By the agreement of the parties, a Status Report to inform the Court of the status of Defendant's review of the additional 235 records and whether the parties believe Summary Judgment briefing will be necessary, and to propose a briefing schedule in light of that information, is due by 3/17/2023). (Court Reporter: No Court Reporter Used.)(Attorneys present: Macleod-Ball, Realmuto, Kanwit) (Lima, Christine) (Entered: 02/24/2023)
2023-03-1718STATUS REPORT by Church World Service, National Immigration Litigation Alliance. (Macleod-Ball, Kristin) (Entered: 03/17/2023)
2023-03-2119Judge Nathaniel M. Gorton: ORDER entered re 18 STATUS REPORT by Church World Service, National Immigration Litigation Alliance; the parties' proposal is accepted. (Warnock, Douglas) (Entered: 03/21/2023)
2023-04-1720STATUS REPORT by Church World Service, National Immigration Litigation Alliance. (Macleod-Ball, Kristin) (Entered: 04/17/2023)
2023-04-2121Judge Nathaniel M. Gorton: ENDORSED ORDER entered. re 20 Status Report filed by Church World Service, National Immigration Litigation Alliance. "Treated as a proposal and proposal approved." (Lima, Christine) (Entered: 04/24/2023)
2023-04-2422Set/Reset Deadlines: Status Report due by 5/19/2023 (Lima, Christine) (Entered: 04/24/2023)
2023-05-1923STATUS REPORT by Church World Service, National Immigration Litigation Alliance. (Macleod-Ball, Kristin) (Entered: 05/19/2023)
2023-05-2224Judge Nathaniel M. Gorton: ORDER entered re 23 STATUS REPORT by Church World Service, National Immigration Litigation Alliance; Proposal accepted. (Warnock, Douglas) (Entered: 05/23/2023)
2023-06-2025STATUS REPORT by Church World Service, National Immigration Litigation Alliance. (Macleod-Ball, Kristin) (Entered: 06/20/2023)
2023-07-0526Judge Nathaniel M. Gorton: ORDER entered re 25 Status Report filed by Church World Service, National Immigration Litigation Alliance; Proposal Accepted (Warnock, Douglas) (Entered: 07/05/2023)
2023-07-2027STATUS REPORT by Church World Service, National Immigration Litigation Alliance. (Macleod-Ball, Kristin) (Entered: 07/20/2023)
2023-08-0128Judge Nathaniel M. Gorton: ORDER entered re 27 Status Report filed by Church World Service, National Immigration Litigation Alliance; Proposal accepted. (Warnock, Douglas) (Entered: 08/01/2023)
2023-08-2129STATUS REPORT by Church World Service, National Immigration Litigation Alliance. (Macleod-Ball, Kristin) (Entered: 08/21/2023)
2023-09-1830Judge Nathaniel M. Gorton: ENDORSED ORDER entered re 29 Status Report filed by Church World Service, National Immigration Litigation Alliance. Proposal accepted. (McManus, Caetlin) (Entered: 09/18/2023)
2023-09-2131STATUS REPORT by Church World Service, National Immigration Litigation Alliance. (Macleod-Ball, Kristin) (Entered: 09/21/2023)
2023-09-2732ELECTRONIC NOTICE of Hearing. Status Conference set for 10/11/2023 03:00 PM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 09/27/2023)
2023-09-2833MOTION for Order to Produce Records by Church World Service, National Immigration Litigation Alliance. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Macleod-Ball, Kristin) (Entered: 09/28/2023)
2023-10-0434Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 33 Motion for Order to Produce Records by Church World Service, National Immigration Litigation Alliance. (McManus, Caetlin) (Entered: 10/04/2023)
2023-10-0635MOTION for Reconsideration and to Reschedule Status Conference by US Department of State.(Kanwit, Thomas) (Entered: 10/06/2023)
2023-10-0936Opposition re 35 MOTION for Reconsideration and to Reschedule Status Conference filed by Church World Service, National Immigration Litigation Alliance. (Macleod-Ball, Kristin) (Entered: 10/09/2023)
2023-10-1037Judge Nathaniel M. Gorton: ORDER entered ALLOWING 35 MOTION for Reconsideration and for Additional Time filed by US Department of State. (McManus, Caetlin) (Entered: 10/10/2023)
2023-10-1038NOTICE Resetting a Hearing. Status Conference reset for 11/6/2023 02:00 PM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton pursuant to Order 37 . (McManus, Caetlin) (Entered: 10/10/2023)
2023-10-2739AFFIDAVIT of Defendant Dept. of State (Two Attached) by US Department of State. (Attachments: # 1 Exhibit A Declaration, # 2 Exhibit B Declaration)(Kanwit, Thomas) (Entered: 10/27/2023)
2023-11-0640Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Status Conference held on 11/6/2023. Court hears updates from the parties as to the status of the total number of pages to be reproduced, and the rate at which to reproduce. Court will give the parties an additional 60 days or so to try to resolve this matter themselves. If they are unable to do so, the matter could be referred to the Magistrate Judge. Further Status Conference set for 1/11/2024 03:00 PM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Macleod-Ball, Kanwit) (Lima, Christine) (Entered: 11/07/2023)
2024-01-0841ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 1/11/2024 02:45 PM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton. NOTE - CHANGE IS AS TO TIME ONLY. (Lima, Christine) (Entered: 01/08/2024)
2024-01-1142Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Status Conference held on 1/11/2024. Plaintiffs received the final production of records this morning. They also received confirmation that no more documents will be coming. Plaintiffs request brief chance to review the final production and to submit follow up questions too the Defendant, allow the Defendant time to respond, and then return to the Court to report that they have resolved the disputes, or to set a briefing schedule. Defendant agrees with this proposal. Plaintiffs to submit their proposed questions to the Defendant by 1/16/24. Defendant to respond by 2/16/24. Further Status Conference set for 3/7/2024 03:00 PM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton. If the matter is not resolved, the Court intends to refer it to MJ Levenson for further proceedings. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Macleod-Ball, Kanwit) (Lima, Christine) (Entered: 01/11/2024)
2024-03-0443ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 3/7/2024 02:15 PM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton. NOTE - CHANGE IS AS TO TIME ONLY. (Lima, Christine) (Entered: 03/04/2024)
2024-03-0744Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Status Conference held on 3/7/2024: Defense counsel appears by phone. Plaintiff appears in person. Counsel state the status of the case regarding the review of the final production and follow up questions to the Defendant. The defendant has not provided the answers by 2/16/24 as ordered. The court orders defense counsel to appear in person with a member of the State Department on 3/14/24 at 2:30PM to discuss the status of the case. ( Status Conference set for 3/14/2024 02:30 PM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton.). (Court Reporter: Jessica Leonard at jessica.bewsee@gmail.com.) (Simeone, Maria) (Entered: 03/07/2024)
2024-03-0845NOTICE of Appearance by Rayford A. Farquhar on behalf of US Department of State (Farquhar, Rayford) (Entered: 03/08/2024)
2024-03-0846MOTION for Reconsideration by US Department of State.(Farquhar, Rayford) (Entered: 03/08/2024)
2024-03-0847DECLARATION of Timothy J. Kootz by US Department of State. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Kelly, Danielle) (Entered: 03/11/2024)
2024-03-1148RESPONSE to Motion re 46 MOTION for Reconsideration filed by Church World Service, National Immigration Litigation Alliance. (Macleod-Ball, Kristin) (Entered: 03/11/2024)
2024-03-1149Judge Nathaniel M. Gorton: ORDER entered. Defendant's motion for reconsideration (Docket No. 46 ) is ALLOWED, in part, and DENIED, in part. (Kelly, Danielle) (Entered: 03/11/2024)
2024-03-1250ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 4/4/2024 02:30 PM in Courtroom 4 (In person with remote access provided) before Judge Nathaniel M. Gorton. The Department of State is permitted to appear by zoom. (Lima, Christine) (Entered: 03/12/2024)
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by FOIA Project Staff
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