Case Detail

FOIA Project Annotation: In two separate but related cases, federal courts in Washington have ruled that immigration attorney Katherine Honor Rich is not entitled to attorney's fees for her FOIA suits against U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review filed after the agencies failed to respond to her requests within the statutory time limits. Ruling against Rich in her case against USCIS, the court noted that "Ms. Rich's only argument for eligibility is a temporal one. She contends that she had not received the requested documents before the filing of this suit, and the government subsequently released the records." The court indicated that "without more, Ms. Rich has not shown that she is eligible for attorney's fees." In her suit against EOIR, the court pointed out that the Supreme Court's ruling in Kay v. Ehrler, 499 U.S. 432 (1991), foreclosed giving attorney's fees to pro se attorneys and that Rich had not indicated that she was requesting the records on behalf of a client. The court also indicated that since Rich had not shown that she substantially prevailed, she was not eligible for her costs of filing as well.
Issues: Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2020-08-12	1	COMPLAINT against defendant(s) Executive Office of Immigration Review (Receipt # AWAWDC-6526506) Attorney Katherine H Rich added to party Katherine Honor Rich(pty:pla), filed by Katherine Honor Rich. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Rich, Katherine) (Entered: 08/12/2020)
2020-08-13		Hon. Michelle L. Peterson added. (SG) (Entered: 08/13/2020)
2020-08-13	2	Summons Electronically Issued as to defendant(s) Executive Office of Immigration Review (SG) (Entered: 08/13/2020)
2020-10-19	3	NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendant Executive Office of Immigration Review. (Lambert, Michelle) (Entered: 10/19/2020)
2020-10-19	4	ANSWER to 1 Complaint, by Executive Office of Immigration Review.(Lambert, Michelle) (Entered: 10/19/2020)
2020-10-19	5	Proposed MOTION for Attorney Fees , filed by Plaintiff Katherine Honor Rich. (Attachments: # 1 Proposed Order) Noting Date 11/20/2020, (Rich, Katherine) (Entered: 10/19/2020)
2020-10-19	6	NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 10/26/2020. Please Note: Forms must not be electronically filed with the Court. (TF) (Entered: 10/19/2020)
2020-10-27	7	MINUTE ORDER REASSIGNING CASE by Clerk William M McCool. Case reassigned to Judge John C. Coughenour and referred to Hon. Michelle L. Peterson pursuant to Local Rule MJR 6 and General Order 02-19. (TF) (Entered: 10/27/2020)
2020-10-29		Case Reassigned to Judge Richard A. Jones. U.S. District Judge John C. Coughenour no longer assigned to the case. (GT) (Entered: 10/29/2020)
2020-11-16	8	RESPONSE, by Defendant Executive Office of Immigration Review, to 5 Proposed MOTION for Attorney Fees . (Attachments: # 1 Proposed Order)(Lambert, Michelle) (Entered: 11/16/2020)
2020-11-16	9	DECLARATION of Crystal Souza filed by Defendant Executive Office of Immigration Review re 5 Proposed MOTION for Attorney Fees (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Lambert, Michelle) (Entered: 11/16/2020)
2020-11-16	10	DECLARATION of Michelle R. Lambert filed by Defendant Executive Office of Immigration Review re 5 Proposed MOTION for Attorney Fees (Lambert, Michelle) (Entered: 11/16/2020)
2020-11-16	11	DECLARATION of Tasha MacAdam filed by Defendant Executive Office of Immigration Review re 5 Proposed MOTION for Attorney Fees (Lambert, Michelle) (Entered: 11/16/2020)
2021-01-06	12	ORDER denying Plaintiff's 5 Motion for Attorney Fees. Signed by Hon. Michelle L. Peterson.(MW) (Entered: 01/06/2021)
2021-02-11	13	ORDER RE: STATUS UPDATE: Plaintiff is directed to file a status update by February 22, 2021, concerning whether there are any other pending issues to address in this matter and/or whether a scheduling order should be issued. Signed by Hon. Michelle L. Peterson. (MW) (Entered: 02/11/2021)
2021-03-04	14	ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause by March 12, 2021, why the Court should not dismiss the complaint in this matter for failure to prosecute. Absent a timely response to this Order, this action will be dismissed without prejudice. Signed by Hon. Michelle L. Peterson. (MW) (Entered: 03/04/2021)
2021-03-12	15	Stipulated MOTION FOR DISMISSAL , filed by Plaintiff Katherine Honor Rich. Noting Date 3/19/2021, (Rich, Katherine) (Entered: 03/12/2021)
2021-03-12		***Civil Case Terminated. This case is dismissed with prejudice and without costs to any party pursuant to the parties' 15 Stipulation of Dismissal and Fed. R. Civ. P. 41(a)(1)(A)(ii). (VE) (Entered: 03/12/2021)
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