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Case TitleDerden et al v. US Department of Homeland Security et al
DistrictDistrict of Idaho
CityNextGen 1.6 Boise - Southern
Case Number1:2020cv00368
Date Filed2020-07-22
Date Closed2021-05-28
JudgeJudge B. Lynn Winmill
PlaintiffNicole R Derden
PlaintiffJose Guadelupe Godoy Pineda
Case DescriptionNicole Derden, an immigration attorney, and Jose Guadalupe Godoy Pineda submitted FOIA requests to the Department of Homeland Security for records concerning his immigration status and internal immigration enforcement. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Derden filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUS Department of Homeland Security
DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Citizenship and Immigration Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-221COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0976-2079448.), filed by All Plaintiffs. (Attachments: # 1 Civil cover sheet, # 2 Summons to DHS, # 3 Summons to ICE, # 4 Summons to USCIS)(Ruether, Kristin)
2020-07-232Summons Issued (3) as to US Dept of Homeland Security, US Immigration and Customs Enforcement, & US Citizenship and Immigration Services (Print attached Summons for service.) (Attachments: # 1 Summons, # 2 Summons)(jp)
2020-10-163SUMMONS Returned Executed by Jose Guadelupe Godoy Pineda, Nicole R Derden. US Department of Homeland Security served on 8/1/2020, answer due 9/30/2020. (Ruether, Kristin)
2020-10-164SUMMONS Returned Executed by Jose Guadelupe Godoy Pineda, Nicole R Derden. U.S. Citizenship and Immigration Services served on 8/1/2020, answer due 9/30/2020. (Ruether, Kristin)
2020-10-165SUMMONS Returned Executed by Jose Guadelupe Godoy Pineda, Nicole R Derden. U.S. Immigration and Customs Enforcement served on 8/1/2020, answer due 9/30/2020. (Ruether, Kristin)
2020-10-266Amended Summons Issued as to U.S. Citizenship and Immigration Services, to correct address. (Print attached Summons for service.) (jd)
2020-11-097SUMMONS Returned Executed by Jose Guadelupe Godoy Pineda, Nicole R Derden. US Department of Homeland Security served on 10/26/2020, answer due 12/28/2020. (Ruether, Kristin)
2020-11-098SUMMONS Returned Executed by Jose Guadelupe Godoy Pineda, Nicole R Derden. U.S. Immigration and Customs Enforcement served on 10/26/2020, answer due 12/28/2020. (Ruether, Kristin)
2020-11-099SUMMONS Returned Executed by Jose Guadelupe Godoy Pineda, Nicole R Derden. U.S. Citizenship and Immigration Services served on 10/26/2020, answer due 12/28/2020. (Ruether, Kristin)
2020-11-1210STATUS REPORT on Service of Process by Nicole R Derden, Jose Guadelupe Godoy Pineda. (Ruether, Kristin)
2020-11-16CORRECTIVE ENTRY - Although the ECF system states the answer is due on December 28, 2020, due to the case type (FOIA) the correct answer due date is November 25, 2020. (jp)
2020-11-16Set Deadlines/Hearings: Defendants answer due 11/25/2020. (jp)
2020-11-2311ANSWER to 1 Complaint by U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, US Department of Homeland Security.(Schaefer, James)
2020-12-1112LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE Telephonic Scheduling Conference set for 1/14/2021 01:30 PM,mountain time, for purpose of confirming the deadlines proposed by the parties in the joint Litigation Plan. Plaintiffs must initiate the conference call by placing it to (208) 334-9145 and must have all appropriate parties on the line. On or before January 8, 2021, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
2021-01-04Set/Reset Hearings: Telephonic Scheduling Conference set for 1/14/2021 01:30 PM in Telephonic Hearing - Boise Chambers before Judge B. Lynn Winmill. (jlg)
2021-01-0713SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Nicole R Derden, Jose Guadelupe Godoy Pineda. (Attachments: # 1 Supplement Joint litigation plan/schedule)(Ruether, Kristin)
2021-01-1514SCHEDULING ORDER TRACK: (Legal) NOW THEREFORE IT IS HEREBY ORDERED that the following recitation of deadlines and procedures will govern this litigation: Defendants' opening brief in support of a Motion for Summary Judgment must be filed by February 12, 2021. Motions to amend pleadings and join parties, except for allegations of punitive damages, must be filed on or before March 19, 2021. All fact discovery must be completed by March 19, 2021. Plaintiff's counsel must contact courtroom deputy Jamie Gearhart within one week following the entry of a decision on all pending dispositive motions to make arrangements for a telephonic trial setting conference with the Court to set pre-trial and trial deadlines. The Court will conduct telephonic status conferences with the parties. The Court will set those status conferences in a separate notice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
2021-01-15Set Deadlines as to Defendants Response to Plaintiffs Cross-Motion for Summary Judgment and Reply in Support of Defendants Motion for Summary Judgment must be filed by 4/9/2021. Plaintiffs Reply in Support of their Cross Motion for Summary Judgment must be filed by due by 4/30/2021. Per docket 14 (kt)
2021-02-1115MOTION for Summary Judgment James Schaefer appearing for Defendants U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, US Department of Homeland Security. Responses due by 3/4/2021 (Attachments: # 1 Memorandum in Support, # 2 Separate Statement of Undisputed Facts ISO MSJ, # 3 Declaration of James P. Schaefer ISO MSJ, # 4 Schaefer Declaration Exhibits A and B, # 5 Eggleston Declaration, # 6 Eggleston Declaration Attachments 1-4, # 7 Laird Declaration, # 8 Laird Declaration Exhibits A-E)(Schaefer, James)
2021-02-2316DOCKET ENTRY NOTICE OF HEARING regarding 15 Motion for Summary Judgment: A Motion Hearing is set for 5/26/2021 at 2:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlg)
2021-03-1717MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment Kristin F. Ruether appearing for Plaintiffs Nicole R Derden, Jose Guadelupe Godoy Pineda. Responses due by 4/7/2021 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Jose Guadalupe Godoy Pineda, # 3 Declaration of Nicole Derden, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C)(Ruether, Kristin)
2021-03-18Set/Reset Deadlines as to 17 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment . Per docket 18, Responses due by 4/1/2021 (kt)
2021-03-1818ORDER. IT IS HEREBY ORDERED that the dispositive motion deadlines as outlined in the Scheduling Order (Dkt. 14) are SUSPENDED pending a resolution to Plaintiff's Motion for Extension of Time (Dkt. 17). IT IS FURTHER ORDERED that Defendant's response to Plaintiffs Motion for Extension of Time (Dkt. 17) be filed by April 1, 2021. The Court will notify Plaintiffs if a reply is needed for consideration of the Motion. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
2021-04-0119RESPONSE to Motion re 17 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment Defendant's Opposition to Plaintiff's Motion to Allow Time to Take Discovery filed by U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, US Department of Homeland Security. Replies due by 4/15/2021. (Attachments: # 1 Exhibit A - Supplemental Declaration of Debra Laird)(Schaefer, James)
2021-04-1520REPLY to Response to Motion re 17 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment filed by Nicole R Derden, Jose Guadelupe Godoy Pineda.Motion Ripe Deadline set for 4/16/2021. (Attachments: # 1 Affidavit 2nd Decl. of Nicole Derden, # 2 Exhibit A - Amended Discovery)(Ruether, Kristin)
2021-04-2321MEMORANDUM DECISION AND ORDER. Plaintiffs Motion for Extension of Time to File a Response/Reply is GRANTED in part and DENIED in part. Plaintiffs shall havethree weeks from the entry of this order to file their response. Plaintiffs will not be permitted more time to conduct discovery. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw) (Entered: 04/26/2021)
2021-04-26Set/Reset Deadlines as to 15 MOTION for Summary Judgment . Responses due by 5/17/2021 (alw)
2021-04-2622DOCKET ENTRY NOTICE OF VACATED HEARING: The Motion Hearing scheduled for May 26, 2021 before Judge B. Lynn Winmill is VACATED. The hearing will be reset by a separate notice. (jlg)
2021-04-2823DOCKET ENTRY NOTICE OF HEARING regarding 15 MOTION for Summary Judgment: A Video Motion Hearing is set for 6/23/2021 at 3:30 PM by Video - Boise to Other location (Mountain Time) before Judge B. Lynn Winmill. A Zoom link will be provided prior to the date of the hearing. (jlg)
2021-05-1124MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment Kristin F. Ruether appearing for Plaintiffs Nicole R Derden, Jose Guadelupe Godoy Pineda. Responses due by 6/1/2021 (Ruether, Kristin)
2021-05-1725NOTICE by U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, US Department of Homeland Security Notice of Non Opposition to Plaintiff's Motion for Extension of Time (ECF No. 24) (Schaefer, James)
2021-05-1826Good cause appearing, ORDER granting 24 Motion for Extension of Time to File Response/Reply re 24 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment Responses due by 5/31/2021 Replies due by 6/14/2021.. Signed by Judge B. Lynn Winmill. (am).
2021-05-2727Joint MOTION to Dismiss (Stipulation) Kristin F. Ruether appearing for Plaintiffs Nicole R Derden, Jose Guadelupe Godoy Pineda. Responses due by 6/17/2021 (Ruether, Kristin)
2021-05-2828ORDER GRANTING THE STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE. Signed by Judge B. Lynn Winmill. (alw)
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by FOIA Project Staff
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