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Case TitleJordan v. U.S. Department of Homeland Security et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2023cv02681
Date Filed2023-10-13
Date ClosedOpen
JudgeMagistrate Judge Scott T. Varholak
PlaintiffElizabeth Jordan
Case DescriptionElizabeth Jordan, a visiting professor of law at the University of Denver, submitted three FOIA requests to the Department of Homeland Security for records concerning to the death of Melvin Calero Mendoza while in the custody of U.S. Immigration and Customs Enforcement. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Jordan filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-131COMPLAINT against Department of Homeland Security, Immigration and Customs Enforcement (Filing fee $ 402,Receipt Number ACODC-9343242)Attorney Aaron Slade added to party ELIZABETH JORDAN(pty:pla), filed by ELIZABETH JORDAN. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Slade, Aaron) (Entered: 10/13/2023)
2023-10-132Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (tgall, ) (Entered: 10/13/2023)
2023-10-133Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued. (tgall, ) (Entered: 10/13/2023)
2023-10-164MINUTE ORDER Pursuant to D.C.COLO.LCivR 72.2(d), the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, available from the Court's website at www.cod.uscourts.gov, on or before 11/2/2023. It is FURTHER ORDERED that this matter is set for a Status Conference on 11/9/2023 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/16/2023. Text Only Entry (stvlc4, ) (Entered: 10/16/2023)
2023-10-165NOTICE OF RELATED CASE by Plaintiff Elizabeth Jordan (Slade, Aaron) (Entered: 10/16/2023)
2023-10-186SUMMONS REQUEST as to U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement by Plaintiff Elizabeth Jordan. (Attachments: # 1 Summons, # 2 Summons)(Slade, Aaron) (Entered: 10/18/2023)
2023-10-207SUMMONS issued by Clerk. (Attachments: # 1 Summons) (schap, ) (Entered: 10/20/2023)
2023-11-028CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Elizabeth Jordan All parties consent.. (Slade, Aaron) (Entered: 11/02/2023)
2023-11-029MINUTE ORDER This matter is before the Court on 8 Election Concerning Consent/Non-Consent Form (the "Form"). Although the Form notes that "all parties in this civil action CONSENT" to magistrate judge jurisdiction over this matter, the Form is only signed by Plaintiff, and no Defendant has yet appeared. Thus, the Court will not seek an order of reference at this time. See D.C.COLO.LCivR 40.1(c)(6) (requiring the consent of "all parties" before an order of reference may be entered). In the event that no Defendant has appeared and no consent form signed by all parties has been filed by the time of the 11/9/2023 Status Conference in this matter, the Court will address reassignment of this matter at that setting. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/2/2023. (stvlc4, ) (Entered: 11/02/2023)
2023-11-0210NOTICE of Entry of Appearance by Andrew M. Soler on behalf of U.S. Department of Homeland Security, U.S. Immigration and Customs EnforcementAttorney Andrew M. Soler added to party U.S. Department of Homeland Security(pty:dft), Attorney Andrew M. Soler added to party U.S. Immigration and Customs Enforcement(pty:dft) (Soler, Andrew) (Entered: 11/02/2023)
2023-11-0211CONSENT to Jurisdiction of Magistrate Judge by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement All parties consent.. (Soler, Andrew) (Entered: 11/02/2023)
2023-11-0312ORDER OF REFERENCE by Chief Judge Philip A. Brimmer on 11/3/2023. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge [Docket No. 11 ], this case is referred to Magistrate Judge Scott T. Varholak for all purposes pursuant to 28 U.S.C. § 636(c). Text Only Entry. (jtorr, ) (Entered: 11/03/2023)
2023-11-0713SUMMONS Returned Executed upon defendant(s) U.S. Department of Homeland Security served on 10/30/2023, answer due 12/29/2023; U.S. Immigration and Customs Enforcement served on 10/30/2023, answer due 12/29/2023. (Slade, Aaron) (Entered: 11/07/2023)
2023-11-0914MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 11/9/2023. ORDERED: The parties shall file a Status Report with the court on or before February 7, 2024. FTR: A402. (morti, ) (Entered: 11/09/2023)
2023-11-3015Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Soler, Andrew) (Entered: 11/30/2023)
2023-11-3016ORDER granting 15 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. Defendants' answer or other response to Plaintiff's complaint due on or before 1/15/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/30/2023. Text Only Entry(stvlc4, ) (Entered: 11/30/2023)
2024-01-1117MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Soler, Andrew) (Entered: 01/11/2024)
2024-01-1118ORDER granting 17 Motion for Extension of Time to Answer or Otherwise Respond. Defendants' answer or other response to the Complaint due on or before 2/14/2024. A Status Report remains due on or before 2/7/2024. [See # 14 ]. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/11/2024. Text Only Entry(stvlc4, ) (Entered: 01/11/2024)
2024-02-0719Joint STATUS REPORT by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Soler, Andrew) (Entered: 02/07/2024)
2024-02-0720MINUTE ORDER This matter is before the Court on 19 Joint Status Report. A Status Conference is set for 2/20/2024 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak, at which time the Court will address the parties' respective proposed case deadlines. The Court notes that it is setting this conference for the same time as an already-set status conference in 23-cv-02359-STV, which appears to involve substantially similar issues and arguments. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/7/2024. Text Only Entry (stvlc4, ) (Entered: 02/07/2024)
2024-02-1221Unopposed MOTION to Reset Status Conference by Plaintiff Elizabeth Jordan. (Slade, Aaron) (Entered: 02/12/2024)
2024-02-1222ORDER granting 21 Unopposed Motion to Reset Status Conference (the "Motion"). The Status Conference set for 2/20/2024 is VACATED and RESET for 2/29/2024 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The Court notes that its schedule is unable to accommodate the dates/times proposed in the Motion. If the above-set time is unavailable for either party, the parties may jointly call Chambers at 303.335.2365 in order to reset. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/12/2024. Text Only Entry(stvlc4, ) (Entered: 02/12/2024)
2024-02-1423ANSWER to 1 Complaint, by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.(Soler, Andrew) (Entered: 02/14/2024)
2024-02-2924MINUTE ENTRY for proceedings held before Magistrate Judge Scott T. Varholak: Status Conference held on 2/29/2024. FTR: A402. (cthom, ) (Entered: 02/29/2024)
2024-06-1125Joint STATUS REPORT by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Soler, Andrew) (Entered: 06/11/2024)
2024-06-1326MINUTE ORDER This matter is before the Court upon review of 25 Joint Status Report. Pursuant to the parties' proposal, the parties shall submit a joint status report on the following dates: 7/12/2024; 8/16/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/13/2024. Text Only Entry (stvlc4, ) (Entered: 06/13/2024)
2024-07-1227Joint STATUS REPORT by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Soler, Andrew) (Entered: 07/12/2024)
2024-08-1628Joint STATUS REPORT by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Soler, Andrew) (Entered: 08/16/2024)
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