Case Detail

FOIA Project Annotation: A federal court in Washington has ruled that attorney Jonathan Shaklee is not entitled to attorney's fees for his litigation against U. S. Citizenship and Immigration Services to obtain Alien Files on behalf of clients after the agency failed to respond within the statutory time limit, including delays brought about by COVID-19. After the agency responded to each of the three FOIA requests and disclosed the relevant Alien File, Shaklee filed a motion for attorney's fees. The court found that Shaklee had not shown that his lawsuit caused the agency to disclose the records. The court observed that "indeed, once the Federal Records Center resumed operations [after the pandemic], USCIS requested the records, processed them and sent them to Plaintiffs two weeks later. There is no evidence that the release of records was triggered by anything other than the normal procedure for processing such requests pursuant to the [First in First Out] process and reopening of the FRC. As USCIS notes, it never refused to provide the documents and it has informed Plaintiffs of possible delays due to the large volume of FOIA requests processed on a FIFO basis." The court explained that "because Plaintiffs have not shown that they 'substantially prevailed,' the Court concludes that they are not eligible for attorney's fees."
Issues: Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2020-05-29	1	COMPLAINT against defendant(s) United States Citizenship and Immigration Services (Receipt # BWAWDC-6368324) Attorney Gregory Hortman McLawsen added to party Jonathan Shaklee(pty:pla), Attorney Gregory Hortman McLawsen added to party Shaklee & Oliver, P.S.(pty:pla), filed by Shaklee & Oliver, P.S., Jonathan Shaklee.(McLawsen, Gregory) (Entered: 05/29/2020)
2020-05-29	2	CIVIL COVER SHEET re 1 Complaint, ; filed by Plaintiffs Jonathan Shaklee, Shaklee & Oliver, P.S.. (McLawsen, Gregory) (Entered: 05/29/2020)
2020-05-29	3	PRAECIPE TO ISSUE SUMMONS re 1 Complaint, by Plaintiffs Jonathan Shaklee, Shaklee & Oliver, P.S. (Attachments: # 1 Summons U.S. D.H.S., # 2 Summons Office of Attorney General, # 3 Summons USCIS Office of Chief Counsel, # 4 Summons U.S. Attorney General - Seattle)(McLawsen, Gregory) (Entered: 05/29/2020)
2020-06-01		Judge Richard A. Jones added. (SG) (Entered: 06/01/2020)
2020-06-01	4	Summons(es) Electronically Issued as to defendant(s) All Defendants (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(SG) (Entered: 06/01/2020)
2020-06-01	5	STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (VE) (Entered: 06/01/2020)
2020-06-02		NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) must file a Corporate Disclosure Statement by 6/9/2020. (SG) (Entered: 06/02/2020)
2020-06-02	6	AFFIDAVIT of Mailing of Summons and Complaint to USCIS Office of Chief Counsel on 6/2/2020, filed by Plaintiffs Jonathan Shaklee, Shaklee & Oliver PS. (Attachments: # 1 Certificate of Service U.S. A.G. - D.C., # 2 Certificate of Service Dept. Homeland Security, # 3 Certificate of Service USCIC - OCC, # 4 Certificate of Service U.S. Attorney General - Seattle)(McLawsen, Gregory) (Entered: 06/02/2020)
2020-06-03	7	CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Shaklee & Oliver PS (McLawsen, Gregory) (Entered: 06/03/2020)
2020-06-30	8	NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendant United States Citizenship and Immigration Services. (Lambert, Michelle) (Entered: 06/30/2020)
2020-07-01	9	ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 7/15/2020, Initial Disclosure Deadline is 7/22/2020, Joint Status Report due by 7/29/2020, by Judge Richard A. Jones. (VE) (Entered: 07/01/2020)
2020-07-01	10	Stipulated MOTION for Extension of Time and [Proposed] Order , filed by Defendant United States Citizenship and Immigration Services. Noting Date 7/1/2020, (Lambert, Michelle) (Entered: 07/01/2020)
2020-07-01	11	DISREGARD filed in error per counsel NOTICE Pursuant to the Court's June 4, 2020 Order ; filed by Defendant United States Citizenship and Immigration Services. (Attachments: # 1 Supplement Declaration of Drew Bostock - Covid) (Lambert, Michelle) Modified on 7/1/2020 (STP). Modified on 7/1/2020 to seal documents at request of filer (KB). (Entered: 07/01/2020)
2020-07-01		NOTICE of Docket Text Modification re 11 Notice-Other : Per counsel documents filed in error in incorrect case. (STP) (Entered: 07/01/2020)
2020-07-01		Reset Deadlines: Having considered the parties' 10 Stipulated MOTION for Extension of Time , and finding good cause, the Court extends the following deadlines: Defendant's Response to the Complaint due 8/5/2020, FRCP 26(f) Conference Deadline is 8/14/2020, Initial Disclosure Deadline is 8/21/2020, Joint Status Report due by 8/28/2020. (VE) (Entered: 07/01/2020)
2020-07-31	12	Second Stipulated MOTION for Extension of Deadlines , filed by Defendant United States Citizenship and Immigration Services. Noting Date 7/31/2020, (Lambert, Michelle) (Entered: 07/31/2020)
2020-08-03		Reset Deadlines: Having considered the parties' 12 Second Stipulated MOTION for Extension of Deadlines , and finding good cause, the Court extends the following deadlines: Defendant's Response to the Complaint due 8/25/2020, FRCP 26(f) Conference Deadline is 9/3/2020, Initial Disclosure Deadline is 9/10/2020, Joint Status Report due by 9/17/2020. (VE) (Entered: 08/03/2020)
2020-08-25	13	ANSWER to 1 Complaint, by United States Citizenship and Immigration Services.(Lambert, Michelle) (Entered: 08/25/2020)
2020-09-17	14	Stipulated MOTION for Briefing Schedule for Plaintiffs' Fees and Costs Claim , filed by Defendant United States Citizenship and Immigration Services. Noting Date 9/17/2020, (Lambert, Michelle) (Entered: 09/17/2020)
2020-09-18	15	MINUTE ORDER (text only) authorized by Judge Richard A. Jones. Pursuant to the parties' 14 Stipulated MOTION for Briefing Schedule for Plaintiffs' Fees and Costs Claim , the Courts sets the following briefing schedule: Plaintiffs' motion for attorneys' fees and costs due 10/16/2020, USCIS's response to the motion due 11/9/2020, Plaintiffs' reply in support of the motion due 11/13/2020. (VE) (Entered: 09/18/2020)
2020-09-18		***Deadlines terminated: The deadlines set forth in the Court's 9 ORDER Regarding FRCP 26(f) Conference, Initial Disclosures, and Joint Status Report, which were extended on 8/3/2020, are STRICKEN. (VE) (Entered: 09/18/2020)
2020-10-16	16	MOTION for Attorney Fees , filed by Plaintiffs Jonathan Shaklee, Shaklee & Oliver PS. (Attachments: # 1 Proposed Order) Noting Date 11/13/2020, (McLawsen, Gregory) (Entered: 10/16/2020)
2020-10-16	17	DECLARATION of Jonathan Shaklee filed by Plaintiffs Jonathan Shaklee, Shaklee & Oliver PS re 16 MOTION for Attorney Fees (McLawsen, Gregory) (Entered: 10/16/2020)
2020-10-16	18	DECLARATION of Greg McLawsen filed by Plaintiffs Jonathan Shaklee, Shaklee & Oliver PS re 16 MOTION for Attorney Fees (Attachments: # 1 Exhibit - 1 (hourly billings), # 2 Exhibit - 2 (McLawsen CV), # 3 Exhibit - 3 (Ratkowski decl), # 4 Exhibit - 4 (Niedermeyer decl))(McLawsen, Gregory) (Entered: 10/16/2020)
2020-11-09	19	RESPONSE, by Defendant United States Citizenship and Immigration Services, to 16 MOTION for Attorney Fees . (Attachments: # 1 Proposed Order Denying Plaintiffs' Motion for Fees and Costs)(Lambert, Michelle) (Entered: 11/09/2020)
2020-11-09	20	SEALED DECLARATION of Jill A. Eggleston filed by Defendant United States Citizenship and Immigration Services re 16 MOTION for Attorney Fees (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Lambert, Michelle) Modified on 4/21/2021. Sealed per 23 Minute Order. (VE) (Entered: 11/09/2020)
2020-11-10	21	Joint MOTION to Seal Docket Item 20 and [Proposed] Order , filed by Plaintiffs Jonathan Shaklee, Shaklee & Oliver PS. Noting Date 11/10/2020, (McLawsen, Gregory) (Entered: 11/10/2020)
2020-11-13	22	REPLY, filed by Plaintiffs Jonathan Shaklee, Shaklee & Oliver PS, TO RESPONSE to 16 MOTION for Attorney Fees (Attachments: # 1 Exhibit 1 - Emails)(McLawsen, Gregory) (Entered: 11/13/2020)
2021-04-21	23	MINUTE ORDER entered upon the authority of Judge Richard A. Jones granting 21 Joint MOTION to Seal Docket Item 20 . (VE) (Entered: 04/21/2021)
2021-04-21		NOTICE of Docket Text Modification: 20 DECLARATION of Jill A. Eggleston filed by Defendant United States Citizenship and Immigration Services re 16 MOTION for Attorney Fees has been sealed per 23 Minute Order. (VE) (Entered: 04/21/2021)
2021-09-13	24	ORDER denying Plaintiff's 16 Motion for Attorney Fees. Defendant's motion to strike references to settlement discussions is GRANTED. Dkt. # 19 . Signed by Judge Richard A. Jones.(MW) (Entered: 09/13/2021)
Hide Docket Events