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Case TitleBurt v. United States Department of Homeland Security, et al.
DistrictEastern District of Virginia
CityRichmond
Case Number3:2024cv00401
Date Filed2024-05-30
Date ClosedOpen
JudgeDistrict Judge Robert E. Payne
PlaintiffGordon Burt
Case DescriptionGordon Burt submitted a FOIA request to the Department of Homeland Security for records concerning information and statistics related to the National Vetting Center and the processing of Iranian nonimmigrant visa cases. The agency acknowledged receipt of the request. The agency told Burt that his request was transferred to U.S. Customs and Border Protection for response. After hearing nothing further from the agency, Burt filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Department of Homeland Security
TERMINATED: 09/30/2024
DefendantUnited States Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-05-301Complaint ( Filing fee $ 405, receipt number AVAEDC-9553728.), filed by Gordon Burt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet)(Gluckman, David) (Entered: 05/30/2024)
2024-05-302Proposed Summons by Gordon Burt. (Gluckman, David) (Entered: 05/30/2024)
2024-05-30Initial Case Assignment to District Judge Robert E. Payne. (sbea) (Entered: 05/30/2024)
2024-05-303Summons Issued as to United States Department of Homeland Security, United States Customs and Border Protection, U.S. Attorney General, and the U.S. Attorney. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon the Defendant. Please electronically file the service copy using the filing event Summons Returned Executed as to the USA. (sbea) (Clerk corrected date of response on the Summons on 5/30/2024). (sbea) (Entered: 05/30/2024)
2024-05-30Notice of Correction re: 3 Summons Issued as to USA; Clerk amended date of answer response per Office procedure. No further action is required. (sbea) (Entered: 05/30/2024)
2024-06-114SUMMONS Returned Executed by Gordon Burt. All Defendants. (Gluckman, David) (Entered: 06/11/2024)
2024-06-175Certificate Reporting Service. United States Customs and Border Protection and United States Department of Homeland Security served 6/3/2024, answer due 8/5/2024. (Hambrick, Jonathan) Modified docket text to include answer due date on 6/18/2024 (jsmi, ) (Entered: 06/17/2024)
2024-06-176NOTICE of Appearance by Jonathan Holland Hambrick on behalf of United States Customs and Border Protection, United States Department of Homeland Security (Hambrick, Jonathan) (Entered: 06/17/2024)
2024-06-287Consent MOTION for Extension of Time to File Answer re 1 Complaint by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan) (Entered: 06/28/2024)
2024-07-028ORDER that the CONSENT MOTION FOR EXTENSION OF TIME (ECF No. 7 ) is granted with modification. It is further ORDERED that the defendants shall file their Answer and any other motions with respect to the Complaint by August 2, 2024. It is so ORDERED. Signed by District Judge Robert E. Payne on 7/2/2024. (jenjones, ) (Entered: 07/02/2024)
2024-08-029MOTION to Dismiss for Failure to State a Claim by United States Department of Homeland Security. (Hambrick, Jonathan) (Entered: 08/02/2024)
2024-08-0210Memorandum in Support re 9 MOTION to Dismiss for Failure to State a Claim filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hambrick, Jonathan) (Entered: 08/02/2024)
2024-08-0211ANSWER to Complaint by United States Customs and Border Protection, United States Department of Homeland Security.(Hambrick, Jonathan) (Entered: 08/02/2024)
2024-08-0812Joint MOTION to Stay Proceedings and Brief in Support by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan) (Entered: 08/08/2024)
2024-09-0513ORDER that the JOINT MOTION TO STAY PROCEEDINGS AND BRIEF IN SUPPORT 12 is granted. It is further ORDERED that: (1) This action, including all briefing deadlines, is stayed until October 7, 2024, but no further extensions will be granted; and (2) By September 30, 2024, the parties shall file a Joint Status Report setting forth, inter alia, the expected date of completion for production of the requested documents. It is so ORDERED. Signed by District Judge Robert E. Payne on 9/4/2024. (jenjones, ) (Entered: 09/05/2024)
2024-09-2714STIPULATION of Dismissal only as to Defendant United States Department of Homeland Security by Gordon Burt. (Gluckman, David) (Entered: 09/27/2024)
2024-09-3015STATUS REPORT (Joint) by United States Customs and Border Protection. (Hambrick, Jonathan) (Entered: 09/30/2024)
2024-10-0716Joint MOTION for Extension of Stay and Memorandum in Support by United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan) (Entered: 10/07/2024)
2024-10-1717ORDER that the JOINT MOTION TO EXTEND STAY AND MEMORANDUM IN SUPPORT 16 is granted only in part, so that the stay (ORDER, 13 ) is extended for the production of all 8,000 documents until November 17, 2024 unless, by October 21, 2024, the United States shall show cause why it cannot complete production of all 8,000 documents by November 17, 2024, and present a specific schedule for the expedited release of all documents not released by November 17, 2024. It is so ORDERED. Signed by District Judge Robert E. Payne on 10/17/2024. (jenjones, ) (Entered: 10/17/2024)
2024-10-2118Consent MOTION for Extension of Time by United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan) (Entered: 10/21/2024)
2024-10-2419ORDER - Having considered Defendants CONSENT MOTION FOR EXTENSION OF TIME (ECF No. 18 ), and for good cause shown, it is hereby ORDERED that the CONSENT MOTION FOR EXTENSION OF TIME (ECF No. 18 ) is granted. It is further ORDERED that: (1) the show cause deadline set forth in ECF NO. 17 is extended until October 28,2024. Signed by District Judge Robert E. Payne on 10/24/24. (mful, ) (Entered: 10/25/2024)
2024-10-2820Response to 17 Order on Motion for Extension of Time to File,, filed by United States Customs and Border Protection. (Attachments: # 1 Exhibit 1)(Hambrick, Jonathan) (Entered: 10/28/2024)
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