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Case TitleAMERICAN IMMIGRATION LAWYERS ASSOCIATION v. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv00840
Date Filed2013-06-06
Date Closed2017-11-17
JudgeJudge Christopher R. Cooper
PlaintiffAMERICAN IMMIGRATION LAWYERS ASSOCIATION
DefendantEXECUTIVE OFFICE FOR IMMIGRATION REVIEW
DefendantJUAN P. OSUNA in his official capacity as Director of the Executive Office for Immigration Review
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantERIC H. HOLDER, JR. in his official capacity as Attorney General of the United States
AppealD.C. Circuit 15-5201
AppealD.C. Circuit 18-5015
AppealD.C. Circuit 18-5031
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [30]
FOIA Project Annotation: Judge Christopher Cooper has ruled that the Executive Office for Immigration Review, which supervises immigration judges, properly redacted personal information about the judges from 767 complaints under Exemption 6 (invasion of privacy) in response to a request by the American Immigration Lawyers Association. Agreeing with the agency's redactions, Cooper noted that "this is precisely the balance [between public interest and individual privacy] that EOIR has struck here: producing the nonconfidential portions of the complaint records but redacting the confidential data contained within them." AILA argued that some of the immigration judges had already been publicly identified. But Cooper pointed out that "the circuit court opinions [identifying certain immigration judges] and associated news reports involve just a small sample of IJs and complaints against them. The public availability of a smattering of complaints and the names of the limited number of individual IJs associated with them does not eliminate the privacy interests of all the remaining IJs." AILA also claimed that because IJs were entrusted to make life-changing decisions their privacy should be diminished. Cooper disagreed, noting that "the Court sees no good reason why the substantial privacy interests that IJs have in their personal information should be given any less weight than was given to the interests of the federal employees in [prior cases]. The fact that IJs are unionized, non-supervisory career civil servants selected through competitive vacancy announcements as opposed to political appointees or senior managers, further bolsters this conclusion." The agency withheld as non-responsive, information in complaint files about other complaints because those were disclosed separately. Cooper observed that "information that 'concerned other complaints against the immigration judge or other immigration judges' plainly falls within the scope of AILA's request for 'all complaints filed against immigration judges.' As a result, the Court concludes that this information is responsive to AILA's request and EOIR must release any material withheld from complaint records on that basis." Cooper rejected AILA's contention that the complaints fell within the parameters of subsection (a)(2) because they constituted final opinions requiring the agency to make them publicly available. He pointed out that "while prior substantiated complaints against an IJ may lead to progressively harsher discipline in response to subsequent complaints about him or her, they have no binding effect on the public at large or even other EOIR officials."
Issues: Exemption 6 - Invasion of privacy
Opinion/Order [40]
FOIA Project Annotation: Judge Christopher Cooper has ruled the Executive Office for Immigration Review can continue to claim that certain information is non-responsive to the American Immigration Lawyers Association's request for records pertaining to complaints against immigration judges. EOIR had originally withheld some records as non-responsive based on its claim that the redactions made it easier to understand the complaint files. Cooper had told the agency it could not rely on that claim and would need to reprocess the material. As a result, the agency disclosed 568 pages in full and 57 pages in part, but continued to withhold portions of 64 pages as non-responsive. AILA argued that Cooper had forbidden the agency from claiming records were non-responsive. But Cooper pointed out that his order only addressed "material withheld from complaint records on the basis that withholding non-responsive information about other complaints made it easier to understand the subject complaint file. The Court never meant to suggest that EOIR could not redact any material as 'non-responsive.'" Cooper noted that according to EOIR the "material discusses totally irrelevant topics such as office cleaning, vacation plans, and medical condition of EOIR staff. Thus, so long as the information in question 'is clearly and without any doubt unrelated to the subject of the request' and its redaction will not interfere with AILA's ability to understand or contexualize the responsive material, EOIR is not obligated to produce it." AILA also argued that allowing the agency to make exemption claims at this point was contrary to Maydak v. Dept of Justice, 218 F.3d 760 (D.C. Cir. 2000), where the D.C. Circuit ruled agencies must make all their exemption claims at the same time. Cooper explained that here "EOIR had no obligation to process material it had designated as non-responsive prior to summary judgment briefing and, understandably, did not do so. Once the Court found a portion of this material to be responsive, the agency was certainly within its rights to process it for relevant FOIA exemptions, as it would for any other material it would produce in response to a FOIA request."
Issues: Adequacy - Search
Opinion/Order [63]
User-contributed Documents
 Complaint and Exhibits
Motion to Enforce the Court's Order and Opinion
Plaintiff's Motion for Summary Judgment
Plaintiff's Renewed Motion for Summary Judgment
Reply in Support of Plaintiff's Motion for Summary Judgment
Reply in Support of Plaintiff's Motion to Enforce Opinion
Reply in Support of Plaintiff's Renewed Motion for Summary Judg
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-06-061COMPLAINT against EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC HIMPTON HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-3351025) filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Exhibit A-E of Complaint, # 2 Civil Cover Sheet, # 3 Summons to Defendant Executive Office for Immigration Review, # 4 Summons to Defendant Juan P. Osuna, # 5 Summons to Defendant U.S. Department of Justice, # 6 Summons to Defendant Eric H. Holder, Jr., # 7 Summons to U.S. Attorney for the District of Columbia, # 8 Summons to U.S. Attorney General)(Murray, Julie) (Entered: 06/06/2013)
2013-06-062Corporate Disclosure Statement by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Murray, Julie) (Entered: 06/06/2013)
2013-06-06Case Assigned to Judge Beryl A. Howell. (ls, ) (Entered: 06/06/2013)
2013-06-063ELECTRONIC SUMMONS (6) Issued as to EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC HIMPTON HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Consent Notice)(ls, ) (Entered: 06/06/2013)
2013-06-064STANDING ORDER. Signed by Judge Beryl A. Howell on 06/06/2013. (lcbah2) (Entered: 06/06/2013)
2013-06-065NOTICE of Appearance by Michael T. Kirkpatrick on behalf of AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Kirkpatrick, Michael) (Entered: 06/06/2013)
2013-06-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/6/2013. Answer due for ALL FEDERAL DEFENDANTS by 7/6/2013. (Murray, Julie) (Entered: 06/11/2013)
2013-07-087Unopposed MOTION for Extension of Time to Respond to Complaint by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Guzman, Javier) (Entered: 07/08/2013)
2013-07-08MINUTE ORDER (paperless) granting 7 Defendants' Unopposed Motion for Extension of Time [to] Respond to Complaint. The defendants shall answer or otherwise respond to the Complaint by August 9, 2013. Signed by Judge Beryl A. Howell on 07/08/2013. (lcbah2) (Entered: 07/08/2013)
2013-07-09Set/Reset Deadlines: Answer to the complaint due by 8/9/2013. (tg, ) (Entered: 07/09/2013)
2013-08-098ANSWER to Complaint by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE.(Guzman, Javier) (Entered: 08/09/2013)
2013-08-239STATUS REPORT (Joint) by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Murray, Julie) (Entered: 08/23/2013)
2013-08-2710NOTICE of Appearance by Beth Jennifer Werlin on behalf of AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Werlin, Beth) (Entered: 08/27/2013)
2013-10-22MINUTE ORDER (paperless) In accordance with the 9 Joint Status Report, the Court enters the following SCHEDULING ORDER to govern future proceedings in this matter: The Defendants' Vaughn Index is due by October 31, 2013, Defendants' Motion for Summary Judgment is due by December 2, 2013, Plaintiff's Opposition and Cross-Motion for Summary Judgment is due by January 16, 2014, Defendants' Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due by February 6, 2014, and Plaintiff's Reply is due by February 27, 2014. Signed by Judge Beryl A. Howell on 10/22/2013. (lcbah2) (Entered: 10/22/2013)
2013-10-23Set/Reset Deadlines: Vaughn Index due by 10/31/2013. Summary Judgment motions due by 12/2/2013; Cross-Motion and Opposition to Motion for Summary Judgment due by 1/16/2014; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 2/6/2014; Reply to Opposition to Cross Motion due by 2/27/2014. (tg, ) (Entered: 10/23/2013)
2013-10-2811Unopposed MOTION for Extension of Time to Court's Scheduling Order by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Guzman, Javier) (Entered: 10/28/2013)
2013-10-29MINUTE ORDER (paperless) Upon consideration of the Defendants' 11 Unopposed Motion for Extension of the Court's Scheduling Order, the Court amends the SCHEDULING ORDER as follows: (1) by October 31, 2013 the Defendants shall release the Immigration Judge Complaint Database; (2) by November 12, 2013, the Defendants shall release the first interim release of at least 100 complaint files; (3) by November 19, 2013, the Defendants shall release a Vaughn index for information withheld or redacted from those complaint files; (4) by December 3, 2013, the Defendants shall release the second interim release of at least 100 complaint files; (5) by December 10, 2013, the Defendants shall release a Vaughn index for information withheld or redacted from those complaint files; (6) by December 23, 2013, the Defendants shall release the third interim release of at least 100 complaint files; (7) By December 30, 2013, the Defendants shall release a Vaughn index for information withheld or redacted from those complaint files; (8) by January 9, 2014, the Defendants shall release a fourth interim release of at least 100 complaint files; (9) by January 16, 2014, the Defendants shall release a Vaughn index for information withheld or redacted from those complaint files; (10) by January 23, 2014, the Defendants shall release the final interim release of remaining complaint files and any other responsive records; (11) by January 30, 2014, the Defendants shall release a Vaughn index for information withheld or redacted from those complaint files; (12) by February 13, 2014, Defendants shall file any motion for summary judgment; (13) by March 14, 2014, the Plaintiff shall file any Opposition or Cross-Motion for Summary Judgment; (14) by April 4, 2014, the Defendants shall file any Reply; and (15) by April 25, 2014, the Plaintiff shall file any Reply. Signed by Judge Beryl A. Howell on 10/29/2013. (lcbah2) (Entered: 10/29/2013)
2013-10-30Set/Reset Deadlines: Releases due: 10/31/2013; 11/12/2013; 11/19/2013; 12/3/2013; 12/10/2013; 12/23/2013; 12/30/2013; 1/9/2014; 1/16/2014; 1/23/2014; 1/30/2014; 2/13/2014. Summary Judgment motions due by 2/13/2014; Cross Motion and Opposition to Motion for Summary Judgment due by 3/14/2014; Opposition to Cross Motion and Reply to Opposition to Motion for Summary Judgment due by 4/4/2014; Reply to Opposition to Cross Motion due by 4/25/2014. (tg, ) (Entered: 10/30/2013)
2014-02-1012MOTION for Extension of Time to Court's Scheduling Order by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Guzman, Javier) (Entered: 02/10/2014)
2014-02-1113Memorandum in opposition to re 12 MOTION for Extension of Time to Court's Scheduling Order filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Declaration of Julie A. Murray, # 2 Text of Proposed Order)(Murray, Julie) (Entered: 02/11/2014)
2014-02-12MINUTE ORDER (paperless) GRANTING IN PART AND DENYING IN PART the defendants' 12 Motion for Extension of the Court's Scheduling Order. Upon consideration of the dates on which the parties agree and disagree, and the reasons for any disagreement, the Court amends the SCHEDULING ORDER, per agreement of the parties, as follows: (1) by February 28, 2014, the defendants shall release a sixth interim release of at least 100 complaint files and a corresponding Vaughn index; (2) by March 25, 2014, the defendants shall release a seventh interim release of at least 100 complaint files and a corresponding Vaughn index; (3) by April 17, 2014, the defendants shall release an eighth interim release of at least 100 complaint files and a corresponding Vaughn index; (4) on April 22, 2014, the defendants shall release Vaughn indices for any previous release where the Vaughn index was not provided and revised Vaughn indices for any non-conforming previously provided Vaughn indices; (5) by May 16, 2014, the defendants shall file any motion for summary judgment; (6) by June 16, 2014, the plaintiff shall file any opposition or cross-motion for summary judgment; (7) by July 11, 2014, the defendants shall file any reply; and (8) by August 7, 2014, the plaintiff shall file any reply. In addition, by May 2, 2014, the parties shall (a) submit a joint status report detailing the status of the review of responsive records that have been referred to other Department of Justice components, and (b) meet and confer to narrow issues for summary judgment. Insofar as the plaintiff's 13 Partial Opposition to Defendants' Motion to Extend the Court's Scheduling Order requests an order regarding the Vaughn indices, the sufficiency of the contents of the Vaughn indices will be considered along with any dispositive motions. Signed by Judge Beryl A. Howell on February 12, 2014. (lcbah2) (Entered: 02/12/2014)
2014-02-12Set/Reset Deadlines: defendants release of sixth interim release of at least 100 complaint files and a corresponding Vaughn index due 2/28/2014; Defendants release of seventh interim release of at least 100 complaint files and a corresponding Vaughn index due by 3/25/2014; Defendants release of eighth interim release of at least 100 complaint files and a corresponding Vaughn index due by 4/17/2014; Defendants release of Vaughn indices for any previous release where the Vaughn index was not provided and revised Vaughn indices for any non-conforming previously provided Vaughn indices due by 4/22/2014. Joint Status Report due by 5/2/2014. Summary Judgment motion due by 5/16/2014; Cross-Motion and Opposition to Motion for Summary Judgment due by 6/16/2014; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 7/11/2014; Reply to Opposition to Cross Motion due by 8/7/2014. (tg, ) (Entered: 02/12/2014)
2014-04-08Case directly reassigned to Judge Christopher R. Cooper. Judge Beryl A. Howell no longer assigned to the case. (gt, ) (Entered: 04/08/2014)
2014-05-0114STATUS REPORT (Joint) by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Murray, Julie) (Entered: 05/01/2014)
2014-05-0115MOTION for Scheduling Order by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 05/01/2014)
2014-05-1616MOTION for Summary Judgment by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit Exhibit 1 (part 1), # 2 Exhibit Exhibit 1 (part 2), # 3 Exhibit Exhibit 2 (part 1), # 4 Exhibit Exhibit 2 (part 2), # 5 Exhibit Exhibit 3, # 6 Text of Proposed Order)(Guzman, Javier) (Entered: 05/16/2014)
2014-05-1917RESPONSE re 15 MOTION for Scheduling Order filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE. (Guzman, Javier) (Entered: 05/19/2014)
2014-05-2118REPLY to opposition to motion re 15 MOTION for Scheduling Order filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Murray, Julie) (Entered: 05/21/2014)
2014-05-22MINUTE ORDER granting in part and denying in part 15 Motion for Scheduling Order. It is FURTHER ORDERED that all components of Defendant Department of Justice review by May 30, 2014 records sent to them by the Executive Office for Immigration Review for consultation or referral; it is FURTHER ORDERED that defendants either release such records or provide a Vaughn index/declaration justifying those records withholding by June 11, 2014; it is FURTHER ORDERED that the parties submit by June 11, 2014 a joint status report on any remaining records that were sent to non-DOJ agencies for consultation and that have not been released to plaintiff. Signed by Judge Christopher R. Cooper on 5/22/2014. (lccrc1, ) (Entered: 05/22/2014)
2014-06-1119STATUS REPORT (Joint) by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Murray, Julie) (Entered: 06/11/2014)
2014-06-1620Cross MOTION for Summary Judgment by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Declaration of Julie A. Murray, # 2 Declaration of Robert P. Deasy, # 3 Declaration of Trina Realmuto, # 4 Text of Proposed Order)(Murray, Julie) (Entered: 06/16/2014)
2014-06-1621Memorandum in opposition to re 16 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Declaration of Julie A. Murray, # 2 Declaration of Robert P. Deasy, # 3 Declaration of Trina Realmuto, # 4 Text of Proposed Order)(Murray, Julie) (Entered: 06/16/2014)
2014-06-2022Unopposed MOTION for Extension of Time to Remaining Summary Judgment Briefing Schedule by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Guzman, Javier) (Entered: 06/20/2014)
2014-06-2023ERRATA by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE 22 Unopposed MOTION for Extension of Time to Remaining Summary Judgment Briefing Schedule filed by JUAN P. OSUNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, ERIC H. HOLDER, JR.. (Attachments: # 1 Text of Proposed Order)(Guzman, Javier) (Entered: 06/20/2014)
2014-06-23MINUTE ORDER granting 22 Unopposed Motion for Extension of Time. It is further ORDERED that Defendant's reply is due on or before July 11, 2014 and Plaintiff's reply is due on or before August 7, 2014. Signed by Judge Christopher R. Cooper on 6/23/2014. (lccrc1, ) (Entered: 06/23/2014)
2014-06-23Set/Reset Deadlines: Defendants Reply due by 7/11/2014 Plaintiff's Reply due by 8/7/2014. (tcb) (Entered: 06/23/2014)
2014-07-17MINUTE ORDER: Defendant's reply is due on or before July 18, 2014 and Plaintiff's reply is due on or before August 14, 2014. Signed by Judge Christopher R. Cooper on 7/17/2014. (lccrc1, ) (Entered: 07/17/2014)
2014-07-1824REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Exhibit Keller Supplemental Declaration, # 3 Exhibit Rodrigues Supplemental Declaration, # 4 Exhibit IJ Complaint 407 excerpts, # 5 Exhibit IJ Complaint 626 excerpts, # 6 Exhibit IJ Complaint 50 excerpts)(Guzman, Javier) (Entered: 07/18/2014)
2014-07-1825Memorandum in opposition to re 20 Cross MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Exhibit Keller Supplemental Declaration, # 3 Exhibit Rodrigues Supplemental Declaration, # 4 Exhibit IJ Complaint 407 excerpts, # 5 Exhibit IJ Complaint 626 excerpts, # 6 Exhibit IJ Complaint 50 excerpts)(Guzman, Javier) (Entered: 07/18/2014)
2014-07-3126NOTICE of Appearance by Allison Marcy Zieve on behalf of AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Zieve, Allison) (Entered: 07/31/2014)
2014-07-3127NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN IMMIGRATION LAWYERS ASSOCIATION. Attorney Michael T. Kirkpatrick terminated. (Kirkpatrick, Michael) (Entered: 07/31/2014)
2014-08-1428REPLY to opposition to motion re 20 Cross MOTION for Summary Judgment filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Declaration (Supplemental) of Julie A. Murray)(Murray, Julie) (Entered: 08/14/2014)
2014-08-2829NOTICE OF SUBSTITUTION OF COUNSEL by Jane M. Lyons on behalf of All Defendants Substituting for attorney Javier M. Guzman (Lyons, Jane) (Entered: 08/28/2014)
2014-12-2430MEMORANDUM AND OPINION re: Defendants' Motion for Summary Judgment 16 and Plaintiff's Cross-Motion for Summary Judgment 20 . Signed by Judge Christopher R. Cooper on 12/24/2014. (lccrc2, ) (Main Document 30 replaced on 12/24/2014) (zmac, ). (Entered: 12/24/2014)
2014-12-2431ORDER: For the reasons stated in the accompanying memorandum opinion, it is hereby ORDERED that Defendants' Motion for Summary Judgment 16 is granted in part and denied in part. The Court grants Defendants' Motion as it relates to the redaction of immigration judges' personal identifying information and as it relates to the publication of immigration judge complaint resolutions. The Court denies Defendants' Motion as it relates to the redaction as non-responsive of other information in the complaint files on the basis that withholding non-responsive information about other complaints made it easier to understand the subject complaint file. It is further ORDERED that Plaintiff's Cross-Motion for Summary Judgment 20 is granted in part and denied in part. The Court denies Plaintiff's Motion as it relates to the redaction of immigration judges' personal identifying information and as it relates to the publication of immigration judge complaint resolutions. The Court grants Plaintiff's Motion as it relates to the redaction as non-responsive of other information in the complaint files on the basis that withholding non-responsive information about other complaints made it easier to understand the subject complaint file. It is further ORDERED that Defendant shall release any material withheld from complaint records on the basis that withholding non-responsive information about other complaints made it easier to understand the subject complaint file. Signed by Judge Christopher R. Cooper on 12/24/2014. (lccrc2, ) (Entered: 12/24/2014)
2015-04-06MINUTE ORDER: The Court hereby ORDERS the parties to submit a joint status report on or before April 13, 2015 indicating whether further proceedings will be necessary in this case. Signed by Judge Christopher R. Cooper on 4/6/2015. (lccrc2, ) (Entered: 04/06/2015)
2015-04-1332STATUS REPORT (Joint) by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE. (Lyons, Jane) (Entered: 04/13/2015)
2015-04-15MINUTE ORDER: The Court hereby ORDERS the parties to submit a joint status report on or before April 30, 2015. Should any additional motions be necessary in this case, the parties will address them and propose a briefing schedule in the status report. Signed by Judge Christopher R. Cooper on 4/15/2015. (lccrc2, ) (Entered: 04/15/2015)
2015-04-2933NOTICE of Appearance by Melissa E. Crow on behalf of AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Crow, Melissa) (Entered: 04/29/2015)
2015-04-3034STATUS REPORT (Joint) by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Murray, Julie) (Entered: 04/30/2015)
2015-04-3035MOTION to Enforce or, in the Alternative, to Clarify the Court's December 24, 2014, Order and Opinion by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Declaration of Julie A. Murray and Supporting Exhibits, # 2 Text of Proposed Order)(Murray, Julie) (Entered: 04/30/2015)
2015-05-01MINUTE ORDER: Defendants shall file their opposition to 35 Plaintiff's MOTION to Enforce or, in the Alternative, to Clarify the Court's December 24, 2014, Order and Opinion by May 14, 2015, and Plaintiff shall file a reply by May 21, 2015. Signed by Judge Christopher R. Cooper on 5/1/2015. (lccrc2, ) (Entered: 05/01/2015)
2015-05-0636STATUS REPORT (Joint) by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE. (Lyons, Jane) (Entered: 05/06/2015)
2015-05-1337STATUS REPORT (Joint) by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Murray, Julie) (Entered: 05/13/2015)
2015-05-1438Memorandum in opposition to re 35 MOTION to Enforce or, in the Alternative, to Clarify the Court's December 24, 2014, Order and Opinion filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Third) of Paul A. Rodrigues)(Lyons, Jane) (Entered: 05/14/2015)
2015-05-2139REPLY to opposition to motion re 35 MOTION to Enforce or, in the Alternative, to Clarify the Court's December 24, 2014, Order and Opinion filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Murray, Julie) (Entered: 05/21/2015)
2015-06-2340OPINION AND ORDER denying Plaintiff's 35 Motion to Enforce or, in the Alternative, to Clarify. Signed by Judge Christopher R. Cooper on 6/23/2015. (lccrc2, ) (Entered: 06/23/2015)
2015-07-0141STIPULATION (Joint) and Request for Entry of Judgment by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 07/01/2015)
2015-07-0142ORDER: Upon consideration of the parties joint stipulation (Doc. 41), and pursuant to Federal Rule of Civil Procedure 56(f), it is herebyORDERED that, for the reasons stated in this Courts December 24, 2014, Memorandum Opinion, and June 23, 2015, Order, summary judgment is granted to defendants and denied to plaintiff with respect to redactions under FOIA Exemption 6 from records subject to referral or consultation with other Department of Justice (DOJ) components or non-DOJ agencies (referral/consultation records); ORDERED that summary judgment is granted to plaintiff and denied to defendants, under the same rationale set forth in this Courts December 24, 2014, Memorandum Opinion and June 23, 2015, Order with respect to redactions marked as non-responsive in the referral/consultation records; ORDERED that plaintiffs First, Second, and Third Claims for Relief in the Complaint are dismissed as moot. Signed by Judge Christopher R. Cooper on 7/1/2015. (tcr) (Entered: 07/02/2015)
2015-07-0843Consent MOTION for Extension of Time to Seek Fees and Costs by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 07/08/2015)
2015-07-10MINUTE ORDER granting 43 Consent MOTION for Extension of Time to Seek Fees and Costs; it is hereby ORDERED that the plaintiff may move for an award of attorneys fees and any related nontaxable expenses and file a bill of costs up to and including 60 days after the deadline to notice an appeal or, if an appeal is taken, up to and including 60 days after issuance of the mandate by the U.S. Court of Appeals for the District of Columbia Circuit. Signed by Judge Christopher R. Cooper on 7/10/2015. (tcr) (Entered: 07/10/2015)
2015-07-1544NOTICE OF APPEAL TO DC CIRCUIT COURT as to 42 Order,,, 30 Memorandum & Opinion, 40 Memorandum & Opinion, 31 Order on Motion for Summary Judgment,,,,,,,,,,,,, by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. Filing fee $ 505, receipt number 0090-4176890. Fee Status: Fee Paid. Parties have been notified. (Murray, Julie) (Entered: 07/15/2015)
2015-07-1645Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 7/15/15 re 44 Notice of Appeal to DC Circuit Court,. (td) (Entered: 07/16/2015)
2015-07-22USCA Case Number 15-5201 for 44 Notice of Appeal to DC Circuit Court, filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (md) (Entered: 07/22/2015)
2016-10-2146NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Patrick Schaefer on behalf of All Defendants Substituting for attorney Jane M. Lyons, Javier M. Guzman (Schaefer, Daniel) (Entered: 10/21/2016)
2016-11-0347MANDATE of USCA as to 44 Notice of Appeal to DC Circuit Court, filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION ; USCA Case Number 15-5201. (Attachments: # 1 USCA Order 15-5201)(td) (Entered: 11/03/2016)
2016-11-09Set/Reset Hearings: Telephone Conference set for 11/16/2016 at 11:00 AM in Chambers before Judge Christopher R. Cooper. (zlsj) (Entered: 11/09/2016)
2016-11-16Minute Order: Telephonic Status Conference held before Judge Christopher R. Cooper on 11/16/2016. Parties provided the Court with a status update in light of the recent D.C. Circuit mandate. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for disclosure and briefing by 11/23/2016, after which the Court will issue a Scheduling Order. Court Reporter: Elizabeth Saint-Loth. (lsj) (Entered: 11/16/2016)
2016-11-2348PROPOSED BRIEFING SCHEDULE Parties' Statement Regarding a Production and Briefing Scheduling by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE. (Schaefer, Daniel) (Entered: 11/23/2016)
2016-11-28MINUTE ORDER: In light of 48 parties' Statement Regarding a Production and Briefing Schedule, it is hereby ORDERED that the schedule be established as follows: Defendant shall produce a Vaughn Index and supporting declarations by January 17, 2017; Defendant shall file its motion for summary judgment by March 1, 2017; Plaintiff shall file its cross-motion for summary judgment and opposition to Defendant's motion by March 29, 2017; Defendant shall file its reply and opposition by April 19, 2017; and Plaintiff shall file its reply by May 10, 2017. Signed by Judge Christopher R. Cooper on 11/28/2016. (lccrc2) (Entered: 11/28/2016)
2016-11-28Set/Reset Deadlines: Vaughn Index due by 1/17/2017. Dispositive Motions due by 3/1/2017. Response to Dispositive Motions due by 3/29/2017. Reply to Dispositive Motions due by 4/19/2017. Plaintiff's Replies to Defendant's Reply due by 5/10/2017. (zlsj) (Entered: 11/28/2016)
2016-12-0749Unopposed MOTION for Extension of Time to Seek Fees and Costs by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 12/07/2016)
2016-12-08MINUTE ORDER granting 49 Plaintiff's Motion for Enlargement of Time to Seek Fees and Costs. It is hereby ORDERED that the Plaintiff may move for an award of attorneys fees and costs up to and including 60 days after the deadline to notice an appeal or, if an appeal is taken, up to and including 60 days after issuance of the mandate by the U.S. Court of Appeals for the District of Columbia Circuit. Signed by Judge Christopher R. Cooper on 12/8/2016. (lccrc2) (Entered: 12/08/2016)
2017-01-1750Consent MOTION for Extension of Time to Produce Vaughn Index and Supporting Declarations by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 01/17/2017)
2017-02-0951Joint MOTION for Substitution of Documents on Public Docket by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Exhibit Doc. 20-1 Substitute, # 2 Exhibit Doc. 21-1 Substitute, # 3 Exhibit Doc. 28-1 Substitute, # 4 Exhibit Doc. 35-1 Substitute)(Murray, Julie) (Entered: 02/09/2017)
2017-02-0952NOTICE of Proposed Order (Joint) by AMERICAN IMMIGRATION LAWYERS ASSOCIATION re 51 Joint MOTION for Substitution of Documents on Public Docket (Murray, Julie) (Entered: 02/09/2017)
2017-02-10MINUTE ORDER granting 51 parties' Joint Motion for Substitution of Documents on the Public Docket. The clerk is hereby directed to substitute (1) the Declaration of Julie A. Murray in support of Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment (ECF No. 20-1 and 21-1), (2) the Declaration of Julie A. Murray in support of Plaintiff's Motion to Enforce the Court's Order and Opinion (ECF No. 35-1), and (3) the Declaration of Julie A. Murray in support of Plaintiff's Reply in Support of its Motion for Summary Judgment (ECF No. 28-1) on the docket with the replacement copies filed with the parties' joint motion (ECF No. 51). Signed by Judge Christopher R. Cooper on 2/10/2017. (lccrc2) (Entered: 02/10/2017)
2017-02-10MINUTE ORDER granting 50 parties' Consent Motion for an Extension of Time. It is hereby ORDERED that the summary-judgment briefing schedule be amended as follows: Defendant shall produce a Vaughn Index and supporting declarations by January 24, 2017; Defendant shall file its motion for summary judgment by March 8, 2017; Plaintiff shall file its cross-motion for summary judgment and opposition to Defendant's motion by April 5, 2017; Defendant shall file its reply and opposition by April 26, 2017; and Plaintiff shall file its reply by May 17, 2017. Signed by Judge Christopher R. Cooper on 2/10/2017. (lccrc2) (Entered: 02/10/2017)
2017-02-2353Joint MOTION for Briefing Schedule Enlargement by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 02/23/2017)
2017-03-09MINUTE ORDER granting 53 parties' Joint Motion to Enlarge the Briefing Schedule. It is hereby ORDERED that the summary-judgment briefing schedule be amended as follows: Defendant's motion for summary judgment shall be due on or by April 12, 2017; Plaintiff's cross-motion for summary judgment and opposition to Defendant's motion shall be due on or by May 24, 2017; Defendant's reply in support of its motion and opposition to Plaintiff's motion shall be due on or by June 21, 2017; and Plaintiff's reply in support of its motion shall be due on or by July 12, 2017. Signed by Judge Christopher R. Cooper on 3/9/2017. (lccrc2) (Entered: 03/09/2017)
2017-04-1254Renewed MOTION for Summary Judgment by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Text of Proposed Order)(Schaefer, Daniel) Modified text to add "renewed" on 4/13/2017 (td). (Entered: 04/12/2017)
2017-05-1855Consent MOTION for Extension of Time to Summary Judgment Briefing Schedule by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 05/18/2017)
2017-05-18MINUTE ORDER granting 55 Plaintiff's Motion for Extension of Time to file a Cross-Motion for Summary Judgment. It is hereby ORDERED that the summary-judgment briefing schedule be amended as follows: Plaintiff's opposition and cross-motion shall be due on or by June 1, 2017; Defendant's reply and opposition shall be due on or by July 11, 2017; and Plaintiff's reply shall be due on or by August 1, 2017. Signed by Judge Christopher R. Cooper on 5/18/2017. (lccrc2) (Entered: 05/18/2017)
2017-05-22Set/Reset Deadlines: Response to Motion for Summary Judgment due by 6/1/2017. Reply to Motion for Summary Judgment due by 7/11/2017. Plaintiff's Replies due by 8/1/2017. (lsj) (Entered: 05/22/2017)
2017-06-0156Second MOTION for Summary Judgment by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Declaration (Fourth) of Julie A. Murray, # 2 Text of Proposed Order)(Murray, Julie) (Entered: 06/01/2017)
2017-06-0157Memorandum in opposition to re 54 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Declaration (Fourth) of Julie A. Murray, # 2 Text of Proposed Order)(Murray, Julie) (Entered: 06/01/2017)
2017-07-1058Consent MOTION for Extension of Time to File Response/Reply as to 56 Second MOTION for Summary Judgment , 54 MOTION for Summary Judgment by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/10/2017)
2017-07-10MINUTE ORDER granting 58 Defendant's Consent Motion for Extension of Time to File its Reply. It is hereby ORDERED that the summary-judgment briefing schedule be amended as follows: Defendant's reply and opposition shall be due on or by July 14, 2017; and Plaintiff's reply shall be due on or by August 7, 2017. Parties are advised that no further extensions shall be granted. Signed by Judge Christopher R. Cooper on 7/10/2017. (lccrc2) (Entered: 07/10/2017)
2017-07-1459REPLY to opposition to motion re 54 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts : Response to Plaintiff's Supplemental Statement of Facts, # 2 Statement of Facts : Reply to Plaintiff's Response to Defendants' Statement of Facts)(Schaefer, Daniel) (Entered: 07/14/2017)
2017-07-1460Memorandum in opposition to re 56 Second MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR, JUAN P. OSUNA, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts : Response to Plaintiff's Supplemental Statement of Facts, # 2 Statement of Facts : Reply to Plaintiff's Response to Defendants' Statement of Facts)(Schaefer, Daniel) (Entered: 07/14/2017)
2017-08-0761REPLY to opposition to motion re 56 Second MOTION for Summary Judgment filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Murray, Julie) (Entered: 08/07/2017)
2017-11-1762ORDER granting in part and denying in part 54 Defendant's Renewed Motion for Summary Judgment and 56 Plaintiff's Second Motion for Summary Judgment. For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that 54 Defendant's Renewed Motion for Summary Judgment is granted in part and denied in part and 56 Plaintiff's Second Motion for Summary Judgment is granted in part and denied in part. Signed by Judge Christopher R. Cooper on 11/17/2017. (lccrc2) (Entered: 11/17/2017)
2017-11-1763MEMORANDUM OPINION re 62 Order granting in part and denying in part Defendant's Renewed Motion for Summary Judgment and Plaintiff's Second Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 11/17/2017. (lccrc2) (Entered: 11/17/2017)
2017-11-2164Consent MOTION for Extension of Time to Seek Fees and Costs by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Zieve, Allison) (Entered: 11/21/2017)
2017-11-22MINUTE ORDER granting 64 Motion for Extension of Time for Plaintiff to Seek Fees and Costs. Plaintiff may move for an award of fees and expenses and file a bill of costs up to and including 60 days after the deadline to notice an appeal or, if an appeal is taken, up to and including 60 days after issuance of the mandate by the U.S. Court of Appeals for the District of Columbia Circuit. Signed by Judge Christopher R. Cooper on 11/22/2017. (lccrc3) (Entered: 11/22/2017)
2018-01-1665NOTICE OF APPEAL TO DC CIRCUIT COURT as to 63 Memorandum & Opinion, 62 Order on Motion for Summary Judgment,,,,, by U.S. DEPARTMENT OF JUSTICE, JUAN P. OSUNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ERIC H. HOLDER, JR. Fee Status: No Fee Paid. Parties have been notified. (Schaefer, Daniel) (Entered: 01/16/2018)
2018-01-1766Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 65 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 01/17/2018)
2018-01-25USCA Case Number 18-5015 for 65 Notice of Appeal to DC Circuit Court, filed by JUAN P. OSUNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, ERIC H. HOLDER, JR. (zrdj) (Entered: 01/25/2018)
2018-01-3067NOTICE OF CROSS APPEAL as to 63 Memorandum & Opinion, 62 Order on Motion for Summary Judgment,,,,, by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. Filing fee $ 505, receipt number 0090-5310285. Fee Status: Fee Paid. Parties have been notified. (Murray, Julie) (Entered: 01/30/2018)
2018-01-3168Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 67 Notice of Cross Appeal. (znmw) (Entered: 01/31/2018)
2018-02-01USCA Case Number 18-5031 for 67 Notice of Cross Appeal, filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (zrdj) (Entered: 02/06/2018)
2018-02-1469NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN IMMIGRATION LAWYERS ASSOCIATION. Attorney Melissa E. Crow terminated. (Crow, Melissa) (Entered: 02/14/2018)
2018-02-1470ENTERED IN ERROR. . . . .NOTICE of Appearance by Mary Kenney on behalf of All Plaintiffs (Kenney, Mary) Modified on 2/15/2018 (td). (Entered: 02/14/2018)
2018-02-1471ERRATA NOTICE of Appearance by Mary Kenney on behalf of All Plaintiffs (Kenney, Mary) Modified on 2/15/2018 (td). (Entered: 02/14/2018)
2018-02-15NOTICE OF CORRECTED DOCKET ENTRY: re 70 Notice of Appearance was entered in error and counsel refiled said pleading as docket entry no. 71 . (td) (Entered: 02/15/2018)
2018-07-1372MANDATE of USCA as to 65 Notice of Appeal to DC Circuit Court, filed by JUAN P. OSUNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, ERIC H. HOLDER, JR. ; USCA Case Number 18-5015. (Attachments: # 1 USCA Order)(ztd) (Entered: 07/16/2018)
2018-09-0673Consent MOTION for Extension of Time to File a Motion for Attorney's Fees and Bill of Costs by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 09/06/2018)
2018-09-10ORDER granting 73 Consent Motion for Extension of Time for Plaintiff to Seek Fees and Costs. It is hereby ORDERED that Plaintiff shall file its motion for attorney's fees and any related expenses and its bill of costs by or on October 23, 2018. Signed by Judge Christopher R. Cooper on 09/10/2018. (lccrc1) (Entered: 09/10/2018)
2018-09-10Set/Reset Deadlines: Plaintiff shall file its motion for attorney's fees and any related expenses and its bill of costs by 10/23/2018. (znbn) (Entered: 09/10/2018)
2018-10-1874Consent MOTION for Extension of Time to File Attorney's Fee Petition and Bill of Costs by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 10/18/2018)
2018-10-19MINUTE ORDER granting 74 Motion for Extension of Time to Seek Fees and Costs. It is hereby ORDERED that Plaintiff shall file its motion for attorney's fees and any related expenses and its bill of costs on or by November 13, 2018. Signed by Judge Christopher R. Cooper on 10/19/2018. (lccrc1) (Entered: 10/19/2018)
2018-10-22Set/Reset Deadlines: Motions for Attorney's Fees due by 11/13/2018. (lsj) (Entered: 10/22/2018)
2018-10-3075STIPULATION and Order by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Murray, Julie) (Entered: 10/30/2018)
2018-10-3076STIPULATION AND ORDER. See full order for details. Signed by Judge Christopher R. Cooper on 10/30/2018. (lccrc1) (Entered: 10/30/2018)
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