Case Detail

FOIA Project Annotation: The court ruled that immigration attorney Michael Gahagan did not substantially prevail in his suit against USCIS and is not entitled to attorney's fees. Gahagan requested records for his client, Narinder Singh. The agency told Gahagan that the agency would process his request on a "first-in, first-out basis" and that his request was number 5,020 out of 12,386 pending at the agency. The agency also informed him that if he requested a specific document the agency would be able to process his request more quickly. Gahagan filed suit one month after he filed his request and the agency responded one month later. The agency released more than 300 pages, claiming some exemptions that were subsequently upheld by the court. Gahagan then filed for attorney's fees, arguing that his suit forced the agency to make a change in its position by processing the request more quickly. The court, however, disagreed. Rejecting Gahagan's fee request, the court noted that "while the court has sympathy for Plaintiff's predicament, and does not condone USCIS's delay in responding to FOIA requests, mere evidence of USCIS's administrative burdens is not sufficient for Plaintiff to prove that the filing of his lawsuit necessitated and cause the ultimate disclosure of his client's records. In light of Plaintiff's failure to satisfy the catalyst theory as well as the fact that a court order was issued against Plaintiff, Plaintiff has failed to show that he 'substantially prevailed' in his lawsuit, and thus is not entitled to attorney's fees."
Issues: Litigation - Attorney's fees - Prevailing party

FOIA Project Annotation: A federal court in Louisiana has ruled that USCIS conducted an adequate search for records concerning a client of immigration attorney Michael Gahagan and that ICE provided a sufficiently detailed description of records it withheld pursuant to a referral from USCIS. On remand from the Fifth Circuit to allow the agencies to provide a better explanation of their actions in processing Gahagan's request, Gahagan argued that USCIS FOIA Officer Jill Eggleston failed to show she had personal knowledge of the processing of his request, that UCIS had not adequately justified its search, and that ICE was required to provide a Vaughn index for the records it processed on referral from USCIS. Acknowledging that the Fifth Circuit had not ruled on what constituted personal knowledge for purposes of FOIA litigation, the court found decisions from other courts supported the agency's claim. The court noted that both agency declarations "are proper FOIA declarations. Both state that they are based on the declarant's personal knowledge, review of documents kept by USCIS in the ordinary course of business, and information provided to the declarant by other USCIS employees in the course of official duties." Approving the description of search under Fifth Circuit precedent, the court pointed out that "considering the declarations as a whole, USCIS described its search process, including specifics about the places searched, the persons conducting the searches, and the search terms employed. This is sufficient to meet the standard articulated [by the Fifth Circuit], which considered an explanation of the places searched to be sufficient." The court determined that ICE had already provided a description of the redactions to records it disclosed to Gahagan pursuant to a referral from USCIS. The court pointed out that ICE had supplemented the record with a declaration from ICE's deputy FOIA officer. The court indicated that "the declaration included a chart listing the record page number, record date, a description of the records and redacted information, and the exemptions applied to each. The declaration and attached exhibits constitute an adequate Vaughn Index because they contain detailed justifications for each redaction."
Issues: Adequacy - Search, Litigation - Vaughn index

Date Filed	Doc #	Docket Text
2014-06-02	1	COMPLAINT against U.S. Citizenship and Immigration Services (Filing fee $ 400 receipt number 053L-4470724) filed by Michael W. Gahagan. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Civil Cover Sheet, # 7 Summons, # 8 Summons, # 9 Summons) Attorney Michael Wayne Gahagan added to party Michael Gahagan(pty:pla).(Gahagan, Michael) (Attachments 6, 7, 8 and 9 replaced on 6/3/2014) (gec). Modified on 6/3/2014 (gec). (Entered: 06/02/2014)
2014-06-03	2	Summons Submitted for Issuance (Gahagan, Michael) (Main Document 2 replaced on 6/3/2014) (gec). (Entered: 06/03/2014)
2014-06-03	3	Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Sally Shushan. (glt) (Entered: 06/03/2014)
2014-06-03	4	Correction of Docket Entry by Clerk re 2 Summons Submitted for Issuance, 1 Complaint. Filing attorney did not properly format the pdf of the civil cover sheet and summons. The pdf should not have the pink header nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. (gec) (Entered: 06/03/2014)
2014-06-03	5	Summons Issued as to U.S. Citizenship and Immigration Services. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(gec) (Entered: 06/03/2014)
2014-06-26	6	SUMMONS Returned Executed; U.S. Citizenship and Immigration Services served on 6/9/2014, answer due 7/9/2014. (Attachments: # 1 Affidavit of Service for USDOJ EDLA, # 2 Affidavit of Service for USDOJ, # 3 Affidavit of Service for USDHS)(Gahagan, Michael) Modified on 6/26/2014 to change answer due date. (sek). (Entered: 06/26/2014)
2014-06-26	7	**ERROR: ATTORNEY REFILED, SEE RECORD DOC #8** MOTION for Summary Judgment by Michael W. Gahagan. Motion set for 7/16/2014 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) Modified on 6/30/2014 (gec). (Entered: 06/26/2014)
2014-06-27	8	MOTION for Summary Judgment by Michael W. Gahagan. Motion set for 7/16/2014 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 06/27/2014)
2014-06-29	9	NOTICE by Michael W. Gahagan re 7 MOTION for Summary Judgment Notice of Withdrawal of R. Doc. 7 . (Gahagan, Michael) (Entered: 06/29/2014)
2014-06-30	10	Correction of Docket Entry by Clerk re 7 MOTION for Summary Judgment. This document was filed in error. Attorney has refiled, see record doc #8. (gec) (Entered: 06/30/2014)
2014-07-03	11	EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)Attorney Brock Darren Dupre added to party U.S. Citizenship and Immigration Services(pty:dft).(Dupre, Brock) (Entered: 07/03/2014)
2014-07-03	12	MOTION to Continue Plaintiff's Motion for Summary Judgment by U.S. Citizenship and Immigration Services. Motion set for 7/30/2014 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Dupre, Brock) (Entered: 07/03/2014)
2014-07-03	13	EXPARTE/CONSENT MOTION to Expedite Defendant's Motion to Continue Plaintiff's Motion for Summary Judgment by U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 07/03/2014)
2014-07-03	14	RESPONSE/MEMORANDUM in Opposition filed by Michael W. Gahagan re 11 MOTION for Extension of Time to Answer re 1 Complaint, . (Attachments: # 1 Proposed Order)(Gahagan, Michael) (Entered: 07/03/2014)
2014-07-03	15	RESPONSE/MEMORANDUM in Opposition filed by Michael W. Gahagan re 12 MOTION to Continue Plaintiff's Motion for Summary Judgment. (Attachments: # 1 Proposed Order)(Gahagan, Michael) Modified on 7/7/2014 (gec). (Entered: 07/03/2014)
2014-07-07	16	ORDERED that the following parties participate in a status conference with the Court, via telephone, on Tuesday, July 8, 2014 at 2:00 p.m.: (1) Michael Gahagan, Plaintiff, and (2) Sunni LeBeouf, standing in for Brock Dupre, Counsel for Defendant. Signed by Judge Carl Barbier on 7/7/14. (NEF: Sunni Lebeouf)(sek) (Entered: 07/07/2014)
2014-07-08	17	Minute Entry for proceedings held before Judge Carl Barbier: Telephone Status Conference held on 7/8/2014. ORDERED that the government's Motion for Extension of Time to Answer (Rec. Doc. 11) is GRANTED, and the government is granted an extension of twenty-one (21) days, up to and including July 30, 2014, within which to file its responsive pleadings. FURTHER ORDERED that the government's Motion to Continue Plaintiff's Motion for Summary Judgment (Rec. Doc. 12) is GRANTED, and Plaintiff's Motion for Summary Judgment (Rec. Doc. 8) is hereby CONTINUED and reset for submission on Wednesday, August 13, 2014 at 9:30 a.m. The government shall file any opposition to that motion by Tuesday, August 5, 2014. FURTHER ORDERED that the government's Motion to Expedite (Rec. Doc. 13) is hereby DENIED AS MOOT.(sek) (Entered: 07/10/2014)
2014-07-30	18	ANSWER to 1 Complaint, by U.S. Citizenship and Immigration Services.(Dupre, Brock) (Entered: 07/30/2014)
2014-08-05	19	RESPONSE/MEMORANDUM in Opposition filed by U.S. Citizenship and Immigration Services re 8 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 08/05/2014)
2014-08-05	20	EXPARTE/CONSENT MOTION for Leave to File Reply by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit, # 4 Exhibit)(Gahagan, Michael) (Entered: 08/05/2014)
2014-08-06	21	ORDER granting 20 Motion for Leave to File Reply. Signed by Judge Carl Barbier on 8/6/14. (sek) (Entered: 08/06/2014)
2014-08-06	22	REPLY to Response to Motion filed by Michael W. Gahagan re 8 MOTION for Summary Judgment . (Attachments: # 1 Exhibit, # 2 Exhibit)(sek) (Entered: 08/06/2014)
2014-08-12	23	EXPARTE/CONSENT MOTION for Leave to File a Sur Reply in Opposition to Plaintiff's Motion for Summary Judgment by U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A)(Dupre, Brock) (Entered: 08/12/2014)
2014-08-14	24	ORDER granting 23 Motion for Leave to File Sur-Reply. Signed by Judge Carl Barbier on 8/13/14. (sek) (Entered: 08/14/2014)
2014-08-14	25	SUR-REPLY in Opposition filed by U.S. Citizenship and Immigration Services re 8 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A)(sek) (Entered: 08/14/2014)
2014-08-14	26	ORDER & REASONS: denying 8 Motion for Summary Judgment; FURTHER ORDERED that Plaintiff's complaint in this matter is hereby DISMISSED WITH PREJUDICE. Signed by Judge Carl Barbier on 8/14/14. (sek) (Entered: 08/14/2014)
2014-08-14	27	JUDGMENT entered in favor of U.S. Citizenship and Immigration Services against Michael W. Gahagan. Signed by Judge Carl Barbier on 8/14/14.(sek) (Entered: 08/14/2014)
2014-09-05	28	MOTION for Attorney Fees by Michael W. Gahagan. Motion set for 9/24/2014 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Notice of Submission)(Gahagan, Michael) (Entered: 09/05/2014)
2014-09-16	29	RESPONSE/MEMORANDUM in Opposition filed by U.S. Citizenship and Immigration Services re 28 MOTION for Attorney Fees . (Dupre, Brock) (Entered: 09/16/2014)
2014-10-01	30	ORDER AND REASONS. It is ORDERED that Plaintiff's 28 Motion for Attorney Fees and Costs is DENIED. Signed by Judge Carl Barbier on 9/30/2014. (gec) (Entered: 10/01/2014)
2014-10-01	31	NOTICE OF APPEAL by Michael W. Gahagan as to 26 Order on Motion for Summary Judgment, 27 Judgment, 30 Order on Motion for Attorney Fees. (Filing fee $ 505, receipt number 053L-4610985.) (Gahagan, Michael) (Entered: 10/01/2014)
2014-10-13	32	APPEAL TRANSCRIPT REQUEST by Michael W. Gahagan re 31 Notice of Appeal. (Transcript is unnecessary for appeal purposes) (Gahagan, Michael) (Entered: 10/13/2014)
2015-01-05	33	ORDER of USCA as to 31 Notice of Appeal (USCA No. 14-31148) filed by Michael W. Gahagan. The court has granted the motion to supplement the record in this case. Signed by Clerk. (gec) (Entered: 01/05/2015)
2015-08-21	34	Second MOTION for Summary Judgment by Michael W. Gahagan. Motion(s) will be submitted on 9/9/2015. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 08/21/2015)
2015-08-25	35	Third MOTION for Summary Judgment by Michael W. Gahagan. Motion(s) will be submitted on 9/9/2015. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 08/25/2015)
2015-08-31	36	USCA JUDGMENT issued as mandate on 8/31/2015 as to 31 Notice of Appeal filed by Michael W. Gahagan. It is ordered and adjudged that the judgment of the District Court is vacated, and the cause is remanded to the District Court for further proceedings in accordance with the opinion of this Court. USCA judges: Prado, Owen and Graves. (gec) (Entered: 08/31/2015)
2015-09-01	37	RESPONSE/MEMORANDUM in Opposition filed by U.S. Citizenship and Immigration Services re 35 Third MOTION for Summary Judgment , 34 Second MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 09/01/2015)
2015-09-06	38	EXPARTE/CONSENT MOTION for Leave to File Reply to Plantiff's 2nd Motion for Summary Judgment by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Gahagan, Michael) (Entered: 09/06/2015)
2015-09-06	39	EXPARTE/CONSENT MOTION for Leave to File Reply to 3rd Motion for Summary Judgment by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Gahagan, Michael) (Entered: 09/06/2015)
2015-09-11	40	ORDER & REASONS: ORDERED that Plaintiff's Second Motion for Summary Judgment (Rec. Doc. 34) and Third Motion for Summary Judgment (Rec. Doc. 35) are DENIED. Plaintiff's Motions for Leave to File Reply (Rec. Docs. 38, 39) are DENIED as moot. Signed by Judge Carl Barbier on 9/11/15. (sek) (Entered: 09/11/2015)
2015-09-22	41	JUDGMENT entered in favor of U.S. Citizenship and Immigration Services against Michael W. Gahagan. Signed by Judge Carl Barbier on 9/22/15.(sek) (Entered: 09/22/2015)
2015-10-16	42	Second MOTION for Attorney Fees by Michael W. Gahagan. Motion(s) will be submitted on 11/4/2015. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Gahagan, Michael) (Entered: 10/16/2015)
2015-10-22	43	RESPONSE/MEMORANDUM in Opposition filed by U.S. Citizenship and Immigration Services re 42 Second MOTION for Attorney Fees . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 10/22/2015)
2015-10-28	44	EXPARTE/CONSENT MOTION for Leave to File Reply by Michael W. Gahagan . (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Gahagan, Michael) Modified on 10/28/2015 (gec). (Entered: 10/28/2015)
2015-10-28	45	Correction of Docket Entry by Clerk re 44 Reply to Response to Motion. Filing attorney selected incorrect event. Correct event is Motion for Leave to File Document. Clerk took corrective action. (gec) (Entered: 10/28/2015)
2015-11-04	46	ORDER & REASONS: ORDERED that Plaintiff's Second Motion for Attorneys' Fees and Costs (Rec. Doc. 42) is DENIED. Plaintiff's Motion for Leave to File Reply (Rec. Doc. 44) is DENIED as moot. Signed by Judge Carl Barbier on 11/4/15. (sek) (Entered: 11/04/2015)
2015-11-19	47	NOTICE OF APPEAL re: 24 Order, 26 Order & Reasons, 30 Order & Reasons, 40 Order & Reasons, 41 Judgment, by Michael W. Gahagan. (Filing fee $ 505, receipt number 053L-5117121.) (Gahagan, Michael) Modified on 11/20/2015 (mmm). (Entered: 11/19/2015)
2015-11-27	48	APPEAL TRANSCRIPT REQUEST by Michael W. Gahagan re 47 Notice of Appeal. (No hearings) (Gahagan, Michael) Modified on 11/30/2015 (gec). (Entered: 11/27/2015)
2015-11-30	49	Correction of Docket Entry by Clerk re 48 Appeal Transcript Request. Filing attorney incorrectly selected "To order a transcript of proceedings" at the prompt, 'Select an option from the list:' instead of "No Hearings", as reflected on document. Clerk took corrective action. (gec) (Entered: 11/30/2015)
2015-12-08	50	USCA Case Number 15-31029 appealed to USCA, 5th Circuit for 47 Notice of Appeal filed by Michael W. Gahagan. (gec) (Entered: 12/10/2015)
2015-12-18	51	Electronic Record on Appeal Access Granted to Katharine Paige O'Hale,Kevin G. Boitmann, Peter M. Mansfield re 47 Notice of Appeal. USCA Case Number 15-31029. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (adp) (Entered: 12/18/2015)
2016-03-23	52	Certified and Transmitted Record on Appeal to US Court of Appeals re 47 Notice of Appeal. USCA Case Number 15-31029. 2 Volumes. (gec) (Entered: 03/31/2016)
2016-09-08	53	USCA JUDGMENT issued as mandate on 9/7/2016 as to 47 Notice of Appeal filed by Michael W. Gahagan. It is ordered and adjudged that the judgment of the District Court is vacated, and the cause is remanded to the District Court for further proceedings in accordance with the opinion of this Court. USCA judges: Smith, Barksdale, and Costa. (gec) (Entered: 09/08/2016)
2016-10-18	54	**DEFICIENT** MOTION for Reconsideration re 46 Order on Motion for Attorney Fees, Order on Motion for Leave to File, 40 Order on Motion for Summary Judgment, Order on Motion for Leave to File; Motion to Reconsider a Clearly Erroneous Finding of Fact by Michael W. Gahagan. Motion(s) will be submitted on 11/2/2016. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) Modified on 10/18/2016 (gec). (Entered: 10/18/2016)
2016-10-18	55	MOTION for Reconsideration re 46 Order on Motion for Attorney Fees, Order on Motion for Leave to File, 40 Order on Motion for Summary Judgment, Order on Motion for Leave to File; Motion to Reconsider a Clearly Erroneous Finding of Fact by Michael W. Gahagan. Motion(s) will be submitted on 11/2/2016. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) Modified on 10/19/2016 (gec). (Entered: 10/18/2016)
2016-10-18	56	Fourth MOTION for Summary Judgment by Michael W. Gahagan. Motion(s) will be submitted on 11/2/2016. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 10/18/2016)
2016-10-25	57	**DEFICIENT** EXPARTE/CONSENT MOTION to Continue Plaintiff's Fourth Motion for Summary Judgment and Motion for Reconsideration , MOTION for Settlement Conference by U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Dupre, Brock) Modified on 10/26/2016 (gec). (Entered: 10/25/2016)
2016-10-25	58	RESPONSE/MEMORANDUM in Opposition filed by Michael W. Gahagan re 57 MOTION to Continue Plaintiff's Fourth Motion for Summary Judgment and Motion for Reconsideration MOTION for Settlement Conference . (Attachments: # 1 Proposed Order)(Gahagan, Michael) (Entered: 10/25/2016)
2016-10-25	59	RESPONSE/MEMORANDUM in Opposition filed by U.S. Citizenship and Immigration Services re 55 MOTION for Reconsideration re 46 Order on Motion for Attorney Fees, Order on Motion for Leave to File,, 40 Order on Motion for Summary Judgment,, Order on Motion for Leave to File,,,,, ; Motion to Reconsider a Clearly Erroneous Finding of F, 56 Fourth MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Exhibit A)(Dupre, Brock) (Entered: 10/25/2016)
2016-10-26	60	**DEFICIENT* MOTION to Strike 25 Response/Memorandum in Opposition to Motion First Supplemental Declaration of Brian J. Welsh by Michael W. Gahagan. Motion(s) will be submitted on 11/16/2016. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) Modified on 10/27/2016 (gec). (Entered: 10/26/2016)
2016-10-27	61	MOTION to Strike 25 Response/Memorandum in Opposition to Motion Supplemental Declaration of Brian J. Welsh by Michael W. Gahagan. Motion(s) will be submitted on 11/16/2016. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 10/27/2016)
2016-10-28	62	MOTION to Continue Plaintiff's Fourth Motion for Summary Judgment, Motion for Reconsideration, and Motion to Strike , MOTION for Settlement Conference by U.S. Citizenship and Immigration Services. Motion(s) will be submitted on 11/16/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Dupre, Brock) Modified on 10/28/2016 (gec). (Entered: 10/28/2016)
2016-10-29	63	EXPARTE/CONSENT MOTION for Leave to File Reply by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit)(Gahagan, Michael) (Entered: 10/29/2016)
2016-10-31	64	ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Janis van Meerveld. Magistrate Judge Sally Shushan no longer assigned to case. Signed by Chief Judge Kurt D. Engelhardt on 7/28/2016.(gec) (Entered: 10/31/2016)
2016-11-01	65	EXPARTE/CONSENT MOTION for Leave to File Reply to Motion to Reconsider a Clearly Erroneous Finding of Fact by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Gahagan, Michael) (Entered: 11/01/2016)
2016-11-02	66	Correction of Docket Entry by Clerk re 65 MOTION for Leave to File Reply to Motion to Reconsider a Clearly Erroneous Finding of Fact . Document contains incorrect Magistrate Judge. All future pleadings must reflect Magistrate Judge Janis van Meerveld (1). (gec) (Entered: 11/02/2016)
2016-11-04	67	ORDERED that the Court will hold a status conference in chambers on Wednesday, November 16, 2016 at 2:00 pm to discuss pending motions and the impact of Defendant's May 23, 2016 disclosure to the United States Court of Appeals for the Fifth Circuit. Signed by Judge Carl Barbier on 11/4/16.(sek) (Entered: 11/04/2016)
2016-11-08	68	RESPONSE/MEMORANDUM in Opposition filed by U.S. Citizenship and Immigration Services re 61 MOTION to Strike 25 Response/Memorandum in Opposition to Motion Supplemental Declaration of Brian J. Welsh . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 11/08/2016)
2016-11-14	69	EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiff's Motion to Strike Supplemetal Declaration of Brian J. Welsh by Michael W. Gahagan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Gahagan, Michael) (Entered: 11/14/2016)
2016-11-16	70	Minute Entry for proceedings held before Judge Carl Barbier: Status Conference held on 11/16/2016. It is ORDERED that the above-captioned case is referred to Magistrate Judge van Meerveld for purposes of conducting a settlement conference. (NEF:JVM) (gec) (Entered: 11/17/2016)
2016-11-30	71	ORDER - Settlement Conference set for 12/19/2016 02:00 PM before Magistrate Judge Janis van Meerveld. Signed by Judge Carl Barbier.(gec) (Entered: 11/30/2016)
2016-12-21	72	Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Settlement Conference held on 12/21/2016. The case has settled. (gec) (Entered: 12/21/2016)
2016-12-22	73	ORDER: Considering the foregoing Motion to Reconsider a Clearly Erroneous Finding of Fact; ORDERED that Plaintiff's Motion to Reconsider a Clearly Erroneous Finding of Fact (Rec. Doc. 55) is hereby GRANTED, and this Court's finding in its Order and Reasons Denying Plaintiff's Second Motion for Attorneys' Fees (Rec. Doc. 46, at 7-8) that Plaintiff received a legally adequate Vaughn index during Plaintiff's first appeal with the Fifth Circuit is hereby stricken from the record. Signed by Judge Carl Barbier on 12/22/16.(hjm) (Entered: 12/22/2016)
2017-01-04	74	ORDER OF DISMISSAL. Signed by Judge Carl Barbier.(gec) (Entered: 01/04/2017)
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