Case Detail

FOIA Project Annotation: A federal court in New York has concluded that U.S. Citizenship and Immigration Services cannot moot FOIA litigation brought by the International Refugee Assistance Project against USCIS and the Department of State on the basis that the State Department's independent response to IRAP's request included records that were potentially responsive to IRAP's request to USCIS as well. Because it claimed that the State Department's response provided some of the same records responsive to IRAP's request to USCIS, that agency asked the court to moot the case as it applied to USCIS on the theory that once a requester receives responsive records, it no longer has a cause of action. While it is certainly possible that an agency's actions during litigation can satisfy its FOIA obligations such that it can be dismissed as a party, a claim that an agency's FOIA obligations can be mooted by the actions of a separate, albeit related, agency's response, is rarely the focus of litigation. IRAP was representing J.D., an Afghan citizen seeking relocation in the United States in order to avoid persecution by the Taliban as a result of his status as a humanitarian worker. USCIS denied J.D.'s application for resettlement. IRAP then requested a discretionary review, which is still pending. To prepare for the discretionary review. IRAP submitted FOIA requests to USCIS and the Department of State for records concerning J.D.'s refugee resettlement application. The State Department told IRAP that some or all of the requested records originated with USCIS, while USCIS told IRAP that it had no responsive records. IRAP filed suit. DOS responded to the separate request it received from IRAP by disclosing records with redactions. As a result, USCIS moved to dismiss the suit, arguing that DOS's response mooted the case. In its request to USCIS, IRAP specifically asked the agency to search its Worldwide Refugee Admissions Processing System (WRAPS). Instead, the agency searched two databases that IRAP had not asked to be searched â€" the Central Index System (CIS) and the Computer Linked Application Information Management System (CLAIMS) â€" and found no responsive records. IRAP filed an administrative appeal, contending that the agency was obligated to search the WRAPS database. This time, USCIS searched the CIS database, and another database â€" the Person Centric Query System â€" and still found no records. However, this time, USCIS indicated that responsive records might be in the custody of DOS. Although IRAP had insisted that the agency was obligated to search the WRAPS database, the agency admitted that it did not do so. In response to a separate request to DOS, the agency initially disclosed three records, totaling 20 pages. When IRAP filed an administrative appeal, DOS located 55 additional documents, totaling 263 pages. Of those additional documents, DOS disclosed 12 documents in full, disclosing the remaining 43 documents with redactions. USCIS then argued that because DOS had disclosed all records it contended were responsive to IRAP's request, IRAP's FOIA request to USCIS was now moot as well. Magistrate Judge Robert Lehrburger disagreed. He pointed out that "USCIS has not met its heavy burden of demonstrating that this case is moot." He indicated that "disclosure by one agency does not moot a lawsuit against a different agency for the same records â€" not as a general principle of FOIA law and not in this case. Second, even if USCIS could establish, as a general matter, that disclosure by one agency moots a lawsuit against another agency, it would not help USCIS here, because DOS's disclosure contains redactions, USCIS cannot establish that IRAP has received all of the requested records, and thus that no dispute remains between the parties even with respect to J.D.'s records. And third, IRAP has adequately pleaded a policy-or-practice FOIA violation, which defeats mootness as to a specific request." At the beginning of his analysis, Lehrburger noted in a footnote that the case before him differed significantly from the circumstances in which an agency responded to a request to another agency that had been referred to that agency as a part of its administrative process. He observed that "the circumstances of this case â€" where disclosure by a different agency than the one that is subject to the lawsuit â€" is distinct from the context of a proper referral, where one agency refers a request to another agency, but remains ultimately responsible for fulfilling the request. In that context, disclosure by a second agency to which the request was sent, not a 'separate agency.' If USCIS had properly referred the requests at issue here, which it did not, the outcome may have been different." IRAP challenged the adequacy of USCIS's failure to search the WRAPS database. In response, the agency asserted that all non-exempt records had been disclosed by DOS. However, Lehrburger noted that "but the sufficiency of DOS's production is not before the Court." He added that "the issues presented in this case are still 'live.' IRAP has a 'legally cognizable interest' in, among other things, ensuring that no agency records are improperly withheld due to an inadequate search. In fact, it is possible for the Court to grant the exact relief that IRAP seeks â€" compel USCIS to conduct an adequate search and disclose all responsive records and review the propriety of any withholdings or redactions." Because DOS had discovered additional responsive records during a second search, Lehrburger indicated that "it is reasonable to assume that more records related to J.D. may have been added to WRAPS since January, which this Court can order disclosed. There is thus a real possibility of additional 'effectual relief' that this Court could grant." He noted that "outside of arguing that the original search was inadequate, that consideration would not give a plaintiff standing to sue an agency that has already responded to a request; otherwise. a requestor would have an indefinite right to sue to compel subsequent searches. Bur in the context of a lawsuit against a different, non-responsive agency filed before any disclosure was made by either agency, the consideration is relevant to whether there is a live dispute between the parties and any effectual relief the Court can grant." Although he found no cases directly on point, Lehrburger indicated that the Supreme Court's decision in Dept of Justice v. Tax Analysts, 492 U.S. 136 (1989), supported his conclusion. He pointed out that "the Court's discussion of the exclusivity of the enumerated exemptions, its dismissal of concerns about 'redundant disclosure,' and the distinction it draws between previous disclosures by the defendant agency versus 'some other person or group' (in that case, the district courts), is quite relevant to the questions presented here." He added that "despite Tax Analysts' rejection of the DOJ's argument that FOIA does not require 'redundant disclosures,' USCIS argues to the contrary that separate agencies should not be forced 'to process duplicate records.'" He explained that "Tax Analysts, however, seems unconcerned with that consideration â€" the Court required the defendant agency to use its resources to disclose records that had already been publicly disclosed and noted Congress' awareness that redundancies 'might exist when requested materials have been previously made available.'" Finding that USCIS had failed to carry its burden of proof, Lehrburger pointed out that "the novel rule of mootness that USCIS seeks here would have negative consequences that run counter to the purposes of FOIA. It would discourage requestors from seeking records from multiple agencies when the requestor is unsure which agency may possess the responsive records. An agency would be relieved of its duty to respond to a request simply because another agency processed a similar request, regardless of what that other agency disclosed (if anything) in response to the request."
Issues: Litigation - Jurisdiction - Moot

Date Filed	Doc #	Docket Text
2020-06-05	1	COMPLAINT against United States Citizenship and Immigration Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-20122108)Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 06/05/2020)
2020-06-05	2	CIVIL COVER SHEET filed..(Austin, Kathryn) (Entered: 06/05/2020)
2020-06-05	3	REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 06/05/2020)
2020-06-05	4	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 06/05/2020)
2020-06-08		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(jgo) (Entered: 06/08/2020)
2020-06-08		Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (jgo) (Entered: 06/08/2020)
2020-06-08		Case Designated ECF. (jgo) (Entered: 06/08/2020)
2020-06-08	5	ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services..(jgo) (Entered: 06/08/2020)
2020-06-09	6	NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/24/2020 at 04:00 PM in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 6/9/2020) (mro) (Entered: 06/09/2020)
2020-06-12	7	NOTICE OF APPEARANCE by Mariko Hirose on behalf of International Refugee Assistance Project, Inc...(Hirose, Mariko) (Entered: 06/12/2020)
2020-06-18	8	AFFIDAVIT OF SERVICE. United States Citizenship and Immigration Services served on 6/11/2020. Service was made by Mail. Document filed by International Refugee Assistance Project, Inc.., AFFIDAVIT OF SERVICE of Summons, Complaint, Corporate Disclosure Statement, Civil Cover Sheet, Form AO 85, Notice of Initial Pretrial Conference (ECF No. 6), the Court's Individual Rules of Practice in Civil Cases, the Court's Emergency Individual Rules and Practices in Light of COVID-19 served on U.S. Citizenship and Immigration Services on 06/11/2020. Service was made by Mail. Document filed by International Refugee Assistance Project, Inc.., AFFIDAVIT OF SERVICE (FOIA CASE). United States Citizenship and Immigration Services served on 6/11/2020. Service was made by Mail. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 06/18/2020)
2020-06-18	9	AFFIDAVIT OF SERVICE of Notice of Appearance of Mariko Hirose served on U.S. Citizenship and Immigration Services on 6/18/2020. Service was made by Mail. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 06/18/2020)
2020-07-13	10	NOTICE OF APPEARANCE by Danielle Judith Levine on behalf of United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 07/13/2020)
2020-07-13	11	LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Gregory H. Woods from Danielle J. Levine dated July 13, 2020. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 07/13/2020)
2020-07-14	12	ORDER granting 11 Letter Motion for Extension of Time to Answer. Application granted. The time for the United States Citizenship and Immigration Services to answer or otherwise respond to the complaint is extended to August 14, 2020. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony) (Entered: 07/14/2020)
2020-07-14	13	ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a fast disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Gregory H. Woods on 7/14/2020) (mro) (Entered: 07/14/2020)
2020-07-21	14	PROPOSED CONSENT ORDER. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 07/21/2020)
2020-07-22	15	CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Gregory H. Woods on 7/22/2020).(mro) (Entered: 07/22/2020)
2020-08-14	16	ANSWER to 1 Complaint. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 08/14/2020)
2020-08-17	17	NOTICE of Hearing: Initial Telephonic Pretrial Conference set for 8/31/2020 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)398-2342, and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger.(rsh) (Entered: 08/17/2020)
2020-08-24	18	LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kathryn Austin, Danielle Levine dated 08/24/2020 re: Proposed Civil Case Management Plan and Scheduling Order. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Text of Proposed Order (Proposed) Civil Case Management Plan and Scheduling Order).(Austin, Kathryn) (Entered: 08/24/2020)
2020-08-25	19	MEMO ENDORSEMENT on re: 18 Letter, filed by International Refugee Assistance Project, Inc. ENDORSEMENT: SO ORDERED. (Cross Motions due by 12/4/2020. Responses due by 12/22/2020. Replies due by 1/8/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 8/25/2020) (mml) (Entered: 08/25/2020)
2020-08-25		Set/Reset Deadlines: Motions due by 11/13/2020. (mml) (Entered: 08/25/2020)
2020-08-31	20	ORDER: In light of the case plan and scheduling proposal of the parties so-ordered by the Court (Dkt. 19), the initial pretrial conference scheduled for Monday August 31, 2020 at 2:30 is cancelled. The parties shall file a joint status report every 60 days. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/31/2020) (mml) (Entered: 08/31/2020)
2020-10-28	21	JOINT LETTER MOTION for Extension of Time and Joint Status Report addressed to Magistrate Judge Robert W. Lehrburger from Kathryn Austin and Danielle Levine dated 10/28/2020. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 10/28/2020)
2020-10-28	22	ORDER granting 21 Letter Motion for Extension of Time. SO ORDERED. Cross Motions due by 12/22/2020. Motions due by 11/25/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 10/28/2020) (nb) (Entered: 10/28/2020)
2020-10-28		Set/Reset Deadlines: Responses due by 1/15/2021. Replies due by 2/2/2021. (nb) (Entered: 10/28/2020)
2020-11-17	23	LETTER MOTION for Extension of Time of Summary Judgment Briefing Schedule addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated November 17, 2020. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 11/17/2020)
2020-11-17	24	ORDER granting 23 LETTER MOTION for Extension of Time of Summary Judgment Briefing Schedule. SO ORDERED. Cross Motions due by 12/22/2020. Motions due by 11/25/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 11/17/2020) (jca) (Entered: 11/17/2020)
2020-11-17		Set/Reset Deadlines: Responses due by 1/15/2021, Replies due by 2/2/2021. (jca) (Entered: 11/17/2020)
2020-12-07	25	LETTER MOTION for Extension of Time / Adjournment of Briefing Schedule addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated December 7, 2020. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 12/07/2020)
2020-12-08	26	LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Kathryn Austin dated 12/08/2020 re: 25 LETTER MOTION for Extension of Time / Adjournment of Briefing Schedule addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated December 7, 2020. . Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 12/08/2020)
2020-12-08	27	ORDER granting 25 Letter Motion for Extension of Time. Defendant's request is granted to the extent that the parties shall provide a status report to the Court as of January 8, 2020. The summary judgment briefing scheduled will now be as follows: USCIS's Motion for Summary Judgment: January 22, 2021 Plaintiff's Cross-Motion and Opposition Brief: March 3, 2021 USCIS's Opposition and Reply Brief: March 24, 2021 Plaintiff's Reply Brief: April 14, 2021. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/8/2020) (kv) (Entered: 12/08/2020)
2020-12-08		Set/Reset Deadlines: Cross Motions due by 3/3/2021. Motions due by 1/22/2021. Responses due by 3/24/2021 Replies due by 4/14/2021. (kv) (Entered: 12/08/2020)
2021-01-08	28	STATUS REPORT. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/08/2021)
2021-01-22	29	MOTION to Dismiss for Lack of Jurisdiction . Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/22/2021)
2021-01-22	30	MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/22/2021)
2021-01-22	31	DECLARATION of Hilary E. Ingraham in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/22/2021)
2021-01-22	32	DECLARATION of Eric F. Stein in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A - FOIA Request to DOS, # 2 Exhibit B - DOS 4-20-18 Letter, # 3 Exhibit C - DOS 8-24-20 Response, # 4 Exhibit D - DOS 1-13-21 Response).(Levine, Danielle) (Entered: 01/22/2021)
2021-01-22	33	DECLARATION of Terri White in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A - FOIA Request to USCIS, # 2 Exhibit B - USCIS 3-1-2018 Letter, # 3 Exhibit C - IRAP 4-9-2018 Letter, # 4 Exhibit D - USCIS 5-1-2018 Letter, # 5 Exhibit E - IRAP 7-23-2018 Letter, # 6 Exhibit F - USCIS 12-11-2018 Letter, # 7 Exhibit G - IRAP 3-1-3019 Letter, # 8 Exhibit H - USCIS 3-13-2019 Letter).(Levine, Danielle) (Entered: 01/22/2021)
2021-01-25	34	LETTER MOTION to Seal Dkt. Nos. 30, 32, and 33 addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated January 25, 2021. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/25/2021)
2021-01-25	35	ORDER granting 34 LETTER MOTION to Seal Dkt. Nos. 30, 32, and 33. The Clerk of the Court is directed to seal the listed documents for all parites. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/25/2021) (jca) (Entered: 01/25/2021)
2021-01-27	36	MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction . Redacted Version . Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/27/2021)
2021-01-27	37	DECLARATION of Eric F. Stein (Redacted Version) in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A - FOIA Request to DOS (Redacted Version), # 2 Exhibit B - DOS 4-20-18 Letter (Redacted Version, # 3 Exhibit C - DOS 8-24-20 Response (Redacted Version), # 4 Exhibit D - DOS 1-13-21 Response (Redacted Version)).(Levine, Danielle) (Entered: 01/27/2021)
2021-01-27	38	DECLARATION of Terri White (Redacted Version) in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A - FOIA Request to USCIS (Redacted Version), # 2 Exhibit B - USCIS 3-1-2018 Letter (Redacted Version), # 3 Exhibit C - IRAP 4-9-2018 Letter (Redacted Version), # 4 Exhibit D - USCIS 5-1-2018 Letter (Redacted Version), # 5 Exhibit E - IRAP 7-23-2018 Letter (Redacted Version), # 6 Exhibit F - USCIS 12-11-2018 Letter (Redacted Version), # 7 Exhibit G - IRAP 3-1-3019 Letter (Redacted Version), # 8 Exhibit H - USCIS 3-13-2019 Letter (Redacted Version)).(Levine, Danielle) (Entered: 01/27/2021)
2021-03-02	39	NOTICE OF APPEARANCE by Lamya Agarwala on behalf of International Refugee Assistance Project, Inc...(Agarwala, Lamya) (Entered: 03/02/2021)
2021-03-03	40	MOTION for Partial Summary Judgment . Document filed by International Refugee Assistance Project, Inc.. Responses due by 3/24/2021.(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-03	41	RESPONSE to Motion re: 29 MOTION to Dismiss for Lack of Jurisdiction . Plaintiff's Combined Memorandum of Law in Support of Its Motion for Partial Summary Judgment and in Opposition to Defendant's Motion to Dismiss Under Rule 12(b)(1) . Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Text of Proposed Order Granting Plaintiff's Motion for Partial Summary Judgment and Denying Defendant's Motion to Dismiss, # 2 Index of Documents Filed in Support of Plaintiff's Motion for Partial Summary Judgment).(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-03	42	DECLARATION of Sara Gomez in Support re: 40 MOTION for Partial Summary Judgment .. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Exhibit 1 - Refugee Case Processing PIA, # 2 Exhibit 2 - International Case Tracking System PIA, # 3 Exhibit 3 - WRAPS PIA, # 4 Exhibit 4 - Refugee Case Processing SORN, # 5 Exhibit 5 - Form I-590, # 6 Exhibit 6 - Notice of Ineligibility Form, # 7 Exhibit 7 - Digital Approval SOP, # 8 Exhibit 8 - Note-Taking Training Module, # 9 Exhibit 9 - Researching Training Module).(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-03	43	DECLARATION of Stephen Poellot in Support re: 40 MOTION for Partial Summary Judgment .. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Exhibit A - USCIS Letter dated 5-10-18, # 2 Exhibit B - USCIS Letter dated 7-26-18`).(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-03	44	DECLARATION of Emily Haverkamp in Support re: 40 MOTION for Partial Summary Judgment .. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-03	45	RULE 56.1 STATEMENT. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-09	46	LETTER MOTION to Stay re: 40 MOTION for Partial Summary Judgment . Pending Resolution of USCIS's Motion to Dismiss for Lack of Jurisdiction addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated March 9, 2021., LETTER MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Partial Summary Judgment . In the Alternative to USCIS's Motion for a Stay addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated March 9, 2021. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 03/09/2021)
2021-03-10	47	ORDER denying 46 Letter Motion to Stay re: 46 LETTER MOTION to Stay re: 40 MOTION for Partial Summary Judgment . Pending Resolution of USCIS's Motion to Dismiss for Lack of Jurisdiction addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine date LETTER MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Partial Summary Judgment . In the Alternative to USCIS's Motion for a Stay addressed to Magistrate Judge Robert W. Lehrburger from Danielle J ; granting in part and denying in part 46 Letter Motion for Extension of Time to File Response/Reply re 46 LETTER MOTION to Stay re: 40 MOTION for Partial Summary Judgment . Pending Resolution of USCIS's Motion to Dismiss for Lack of Jurisdiction addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine date LETTER MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Partial Summary Judgment . In the Alternative to USCIS's Motion for a Stay addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Defendant's request for a stay with respect to the motion for summary judgment comes far too late and is denied. Defendant's request for an extension of time to file is granted in part and denied in part. Defendant's responsive papers shall be due April 7, 2021; Plaintiff's reply shall be due April 28, 2021. SO ORDERED. (Responses due by 4/7/2021, Replies due by 4/28/2021.). (Signed by Magistrate Judge Robert W. Lehrburger on 3/10/2021) (kv) (Entered: 03/10/2021)
2021-04-07	48	REPLY MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction . Defendant USCIS's Combined Memorandum of Law in Further Support of Its Motion to Dismiss and in Opposition to Plaintiff's Motion for Partial Summary Judgment (Dkt. No. 41) . Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 04/07/2021)
2021-04-07	49	DECLARATION of Joanna Ruppel in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 04/07/2021)
2021-04-07	50	DECLARATION of Hilary E. Ingraham in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 04/07/2021)
2021-04-07	51	DECLARATION of Terri White in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 04/07/2021)
2021-04-07	52	COUNTER STATEMENT TO 45 Rule 56.1 Statement. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 04/07/2021)
2021-04-27	53	REPLY MEMORANDUM OF LAW in Support re: 40 MOTION for Partial Summary Judgment . . Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 04/27/2021)
2021-04-30	54	JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kathryn Austin, Danielle Levine dated 04/30/2021 re: Courtesy Copies. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 04/30/2021)
2021-07-22	55	DECISION & ORDER: MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT: granting 40 Motion for Partial Summary Judgment; denying 29 Motion to Dismiss for Lack of Jurisdiction. For the foregoing reasons, Defendant's motion to dismiss is DENIED, and Plaintiffs motion for summary judgment is GRANTED as set forth above. So Ordered. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 7/22/2021) (js) Modified on 7/22/2021 (js). (Entered: 07/22/2021)
2021-08-10	56	LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated August 10, 2021. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 08/10/2021)
2021-08-10	57	ORDER granting 56 Letter Motion for Extension of Time. SO ORDERED.. (Signed by Magistrate Judge Robert W. Lehrburger on 8/10/2021) (kv) (Entered: 08/10/2021)
2022-02-17	58	ORDER: On August 10, 2021, the Court approved Defendant's request for a 45-day extension to October 5, 2021 "to produce all records responsive to the request at issue in this case." (Dkt. 57.) No later than February 25, 2022, the parties shall file a letter advising as to status of the case. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/17/2022) (mml) (Entered: 02/17/2022)
2022-02-23	59	JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated February 23, 2022 re: Status Update. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 02/23/2022)
2022-02-24	60	MEMO ENDORSEMENT on re: 59 Letter filed by United States Citizenship and Immigration Services. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/24/2022) (vfr) (Entered: 02/24/2022)
2022-03-23	61	JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated March 23, 2022 re: Status Update. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 03/23/2022)
2022-03-24	62	MEMO ENDORSEMENT on re: 61 Letter filed by United States Citizenship and Immigration Services respectfully proposing that they file a joint status letter on or before April 25, 2022, if the case remains pending. So Ordered. (Signed by Magistrate Judge Robert W. Lehrburger on 3/24/2022) (js) (Entered: 03/24/2022)
2022-04-22	63	JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kathryn Austin dated 04/22/2022 re: Status Update and Proposed Stipulation and Order of Settlement and Dismissal. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Proposed Stipulation and Order of Settlement and Dismissal).(Austin, Kathryn) (Entered: 04/22/2022)
2022-04-22	64	STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED, AGREED, and ORDERED as follows: Pursuant to 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, USCIS shall pay to Plaintiff the sum of $130,000 (the "Settlement Amount"), by electronic funds transfer, using bank routing information to be supplied by counsel for Plaintiff. Plaintiff, through its undersigned attorney, agrees to accept the Settlement Amount as full payment of any costs and/or attorney's fees that it has incurred in connection with this matter. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/22/2022) (ama) (Entered: 04/22/2022)
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