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Case Title(PS) Graham v. U.S. Dept. of Homeland Security et al
DistrictEastern District of California
CitySacramento
Case Number2:2019cv02429
Date Filed2019-12-05
Date ClosedOpen
JudgeDistrict Judge Troy L. Nunley
PlaintiffMark E. Graham
Case DescriptionMark Graham submitted a FOIA request to the Department of Homeland Security for records concerning a number of items that were listed on the agency's website. The agency acknowledged receipt of the request but after hearing nothing further in response to his request, Graham filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Department of Homeland Security
DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [12]
Opinion/Order [25]
Opinion/Order [33]
Opinion/Order [34]
Opinion/Order [38]
Opinion/Order [42]
Opinion/Order [44]
Opinion/Order [48]
Opinion/Order [53]
FOIA Project Annotation: A federal court in California has ruled that the Department of Homeland Security has not shown that Mark Graham failed to exhaust his administrative remedies because he filed suit more than six years after the agency contended his litigation claim accrued. The agency argued that Graham's claim accrued on May 17, 2013, 20 days after U.S. Immigration and Customs Enforcement received Graham's appeal. However, Graham claimed that his right to sue did not accrue until December 4, 2013, when ICE sent him a letter explaining that the agency would not be providing additional documents and indicating that this was the agency's final action on his request. Graham originally filed several requests with ICE in 2011. The agency provided some of the requested records in February 2013. Graham appealed in April 2013. As a result of Graham's appeal, the agency remanded the request to ICE for further review and reprocessing. ICE provided a partial response and denial in October 2013. Graham filed a second appeal, which was denied in the letter of December 4, 2013, which included information on how to seek judicial review. Magistrate Judge Jeremy Peterson began by explaining that the original D.C. Circuit ruling in Spannaus v Dept of Justice, 824 F. 2d 52 (D.C. Cir 1987), in which the D.C. Circuit had first indicated that the six-year statute of limitations applied to FOIA actions, was subsequently overturned by the Supreme Court in United States v. Kwai Fun Wong, 575 U.S. 402 (2015) and that the D.C. Circuit had subsequently recognized in Jackson v. Modly, 949 F. 3d 763 (D.C. Cir. 2020), that the Supreme Court's ruling in Kwai Fun Wong had overruled Spannaus. Peterson then rejected the agency's claim that Graham had exhausted his administrative remedies after the six-year statute of limitations deadline expired. Instead, he pointed out that "I cannot agree that the statute compels either the agency or this court to ignore a timely remand. A remand of a live information request forestalls constructive exhaustion by establishing that the agency's decisional process is ongoing. Defendants' reading would require FOIA requestors to jump the gun and file suit in federal court while the agency's consideration of an appeal is ongoing " even though the agency might grant the information request without court involvement. Such a result would undercut the basic rationale of the exhaustion requirement: preventing premature judicial interference with agency decision-making. It would also waste court resources. I share the view of courts that have barred plaintiffs from bringing suit while remand is pending " constructive exhaustion " and thus claim accrual " does not result from a timely remand." Peterson concluded that "I find both that plaintiff was required to exhaust his remedies and that the timely remand at issue here prevented constructive exhaustion. Plaintiff's remedies were exhausted when the agency's decisional process had run its course, which occurred on December 4, 2013, when he received ICE's final decision " identified as such by the agency " on appeal."
Issues: Litigation - Jurisdiction - Failure to Exhaust
Opinion/Order [58]
Opinion/Order [59]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-12-041COMPLAINT against United States Department of Homeland Security, United States Immigration and Customs Enforcement by Mark E. Graham. (Attachments: # 1 Civil Cover Sheet)(Huang, H) (Entered: 12/05/2019)
2019-12-042MOTION to PROCEED IN FORMA PAUPERIS by Mark E. Graham. (Huang, H) (Entered: 12/05/2019)
2019-12-05APPLICATION TO PROCEED IFP filed - Action Required. (Huang, H) (Entered: 12/05/2019)
2019-12-05RECEIPT number #CAE200102754 $400.00 fbo Mark E. Graham by Mark E. Graham on 12/5/2019. (Huang, H) (Entered: 12/05/2019)
2019-12-053SUMMONS ISSUED as to *United States Department of Homeland Security, United States Immigration and Customs Enforcement* with answer to complaint due within *30* days. Attorney *Mark E. Graham* *PO Box 1823* *Elk Grove, CA 95759*. (Huang, H) (Entered: 12/05/2019)
2019-12-054CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/20/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: # 1 Consent Form) (Huang, H) (Entered: 12/05/2019)
2019-12-05SERVICE OVER COUNTER: 3 Summons, 4 Civil New Case Documents for TLN, served on Mark E. Graham. (Huang, H) (Entered: 12/05/2019)
2019-12-095MINUTE ORDER: Pltf's 2 Motion to Proceed In Forma Pauperis is DENIED as MOOT pursuant to his payment of the filing fees (see CAED Receipt #CAE200102754). Ordered by Magistrate Judge Edmund F. Brennan on 12/9/2019. (Text only entry)(Cannarozzi, N) (Entered: 12/09/2019)
2019-12-09SERVICE BY MAIL: 5 Minute Order served on Mark E. Graham. (Cannarozzi, N) (Entered: 12/09/2019)
2020-02-206SUMMONS RETURNED EXECUTED by Mark E. Graham. United States Department of Homeland Security served on 2/20/2020, answer due 4/20/2020; United States Immigration and Customs Enforcement served on 2/20/2020, answer due 4/20/2020. (Kastilahn, A) (Entered: 02/21/2020)
2020-02-257SUMMONS RETURNED EXECUTED by Mark E. Graham. United States Department of Homeland Security served on 2/24/2020. (Zignago, K.) (Entered: 02/26/2020)
2020-03-138EX PARTE APPLICATION for Extension of Time to Respond to Complaint by United States Department of Homeland Security, United States Immigration and Customs Enforcement. Attorney Carter, William Dean added. (Carter, William) (Entered: 03/13/2020)
2020-03-179MINUTE ORDER: Defts' Ex Parte Application for Extension of Time to Respond to Complaint 8 is GRANTED. Defts' response to the complaint shall be due by 4/17/2020. Ordered by Magistrate Judge Edmund F. Brennan on 3/17/2020. (Text only entry)(Cannarozzi, N) (Entered: 03/17/2020)
2020-03-17SERVICE BY MAIL: 9 Minute Order served on Mark E. Graham. (Cannarozzi, N) (Entered: 03/17/2020)
2020-04-0610MOTION to DISMISS by Defendants. Motion Hearing SET for 5/6/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Toni Fuentes, # 3 Proof of Service)(Carter, William) Modified on 4/8/2020 (Mena-Sanchez, L). (Entered: 04/06/2020)
2020-04-2111MOTION for 28-DAY EXTENSION OF TIME to respond to the motion to dismiss by Mark E. Graham. (Reader, L) (Entered: 04/22/2020)
2020-04-3012ORDER signed by Magistrate Judge Edmund F. Brennan on 4/30/2020 GRANTING 11 Motion for extension of time. Motion to Dismiss 10 Hearing Reset for 6/3/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall file an opposition to the pending motion, or a statement of non-opposition by 5/20/2020. Defendant's reply due by 5/27/2020. The Initial Scheduling Conference is Reset for 8/5/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.(Reader, L) (Entered: 04/30/2020)
2020-04-30SERVICE BY MAIL: 12 Order, served on Mark E. Graham. (Reader, L) (Entered: 04/30/2020)
2020-05-2013OPPOSITION by Mark E. Graham to 10 Motion to Dismiss. (York, M) (Main Document 13 replaced on 5/21/2020) (York, M). (Entered: 05/21/2020)
2020-05-2014MOTION for LEAVE to FILE SUPPLEMENTAL COMPLAINT by Mark E. Graham. Motion Hearing set for 6/3/2020, at 10:00 AM, in Courtroom 8 (EFB), before Magistrate Judge Edmund F. Brennan. (York, M) (Entered: 05/21/2020)
2020-05-2215MINUTE ORDER: Pltf's Motion for Leave to File Supplemental Complaint 14 , which the Court construes as a Motion for leave to file an amended complaint, is defectively noticed for hearing pursuant to Local Rule 230(b). Pltf's Motion is ordered CONTINUED from 6/3/2020 to 6/17/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Additionally, Deft's Motion to Dismiss 10 , presently calendared for hearing on 6/3/2020, is also ordered CONTINUED to 6/17/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Ordered by Magistrate Judge Edmund F. Brennan on 5/22/2020. (Text only entry)(Cannarozzi, N) (Entered: 05/22/2020)
2020-05-22SERVICE BY MAIL: 15 Minute Order served on Mark E. Graham. (Cannarozzi, N) (Entered: 05/22/2020)
2020-05-2716REPLY in support of 10 Motion to Dismiss by All Defendants. (Carter, William) Modified on 5/28/2020 (Huang, H). (Entered: 05/27/2020)
2020-06-0317OPPOSITION to 14 Motion for Leave to File Supplemental Complaint by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Supplemental Declaration of Toni Fuentes, # 2 Exhibit A, # 3 Exhibit B, # 4 Proof of Service)(Carter, William) Modified on 6/4/2020 (Huang, H). (Entered: 06/03/2020)
2020-06-1018REPLY by Mark E. Graham in SUPPORT of 14 Motion for Leave to File Supplemental Complaint. (York, M) (Entered: 06/11/2020)
2020-06-1519MINUTE ORDER: Defendants' motion to dismiss 10 and plaintiff's motion for leave to file an amended complaint 14 , which are presently calendared for hearing on 6/17/2020, are ordered submitted without appearance and without argument pursuant to Local Rule 230(g). The 6/17/2020 hearing date is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. Additionally, the Initial Scheduling Conference, previously set for 8/5/2020 is ordered CONTINUED to 12/16/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. The parties shall file status reports per Order 4 by 12/2/2020. Ordered by Magistrate Judge Edmund F. Brennan on 6/15/2020. (Text only entry)(Cannarozzi, N) (Entered: 06/15/2020)
2020-06-15SERVICE BY MAIL: 19 Minute Order served on Mark E. Graham. (Cannarozzi, N) (Entered: 06/15/2020)
2020-06-1720ADDENDUM to 18 Reply by Mark E. Graham. (Huang, H) (Entered: 06/18/2020)
2020-10-0121ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from Magistrate Judge *Edmund F. Brennan* to *Magistrate Judge Jeremy D. Peterson* for all further proceedings. As of October 1, 2020, Magistrate Judge Jeremy D. Peterson is reassigned to the Sacramento Division of the Eastern District of California. (Kaminski, H) (Entered: 10/01/2020)
2020-10-01SERVICE BY MAIL: 21 Order Reassigning Magistrate Judge, served on Mark E. Graham. (Kaminski, H) (Entered: 10/01/2020)
2020-12-0122MINUTE ORDER issued by Relief Courtroom Deputy L. Kennison for Magistrate Judge Jeremy D. Peterson: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 12/16/2020 is RESET to 3/25/2021 at 10:00 AM before Magistrate Judge Jeremy D. Peterson, with the filing of a joint status report due seven (7) days prior. (Text Only Entry)(Kennison, L) (Entered: 12/01/2020)
2020-12-01SERVICE BY MAIL: 22 Minute Order served on Mark E. Graham. (Kennison, L) (Entered: 12/01/2020)
2020-12-0723NOTICE of NON RECEIPT of records or further response to 4/23/20 request by Mark E. Graham. (Zignago, K.) (Entered: 12/08/2020)
2021-03-1124MINUTE ORDER issued by Courtroom Deputy N. Cannarozzi: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 3/25/2021 is RESET to 6/24/2021 at 10:00 AM before Magistrate Judge Jeremy D. Peterson, with the filing of a joint status report due seven (7) days prior. (Text Only Entry) (Cannarozzi, N) (Entered: 03/11/2021)
2021-03-11SERVICE BY MAIL: 24 Minute Order served on Mark E. Graham. (Cannarozzi, N) (Entered: 03/11/2021)
2021-03-3125ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/30/2021 GRANTING 14 plaintiff's motion for leave to file an amended complaint. Within 30 days from the date of this order, plaintiff shall file his first amended complaint. DENIED as MOOT Defendants' 10 motion to dismiss. Defendants shall file a response to plaintiff's first amended complaint within the time prescribed by the Federal Rules of Civil Procedure. (Reader, L) (Entered: 03/31/2021)
2021-03-31SERVICE BY MAIL: 25 Order on Motion to Dismiss, served on Mark E. Graham. (Reader, L) (Entered: 03/31/2021)
2021-04-2926FIRST AMENDED COMPLAINT against All Defendants by Mark E. Graham.(Benson, A.) (Entered: 04/30/2021)
2021-05-1327MOTION to DISMISS by United States Department of Homeland Security, United States Immigration and Customs Enforcement. Motion Hearing set for 6/10/2021 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson. (Attachments: # 1 Points and Authorities, # 2 Declaration of Fernando Pineiro, # 3 Proof of Service)(Carter, William) Modified on 5/14/2021 (Kaminski, H). (Entered: 05/13/2021)
2021-05-2728OPPOSITION by Mark E. Graham to 27 Motion to Dismiss. (Benson, A.) (Entered: 05/28/2021)
2021-06-0129MINUTE ORDER issued by Courtroom Deputy N. Cannarozzi for Magistrate Judge Jeremy D. Peterson on 6/1/2021: Defendants' motion to dismiss 27 , which is presently calendared for hearing on 6/10/2021, is ordered submitted without appearance and without argument pursuant to Local Rule 230(g). The 6/10/2021 hearing date is VACATED. If the court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. Additionally, on the court's own motion, the Status (Pretrial Scheduling) Conference previously set for 6/24/2021 is RESET for 9/30/2021 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson with the filing of a joint status report due seven (7) days prior. Ordered by Magistrate Judge Jeremy D. Peterson on 6/1/2021. (Text only entry)(Cannarozzi, N) (Entered: 06/01/2021)
2021-06-01SERVICE BY MAIL: 29 Minute Order served on Mark E. Graham. (Cannarozzi, N) (Entered: 06/01/2021)
2021-06-0230REPLY by United States Department of Homeland Security, United States Immigration and Customs Enforcement in support of 27 Motion to Dismiss. (Carter, William) Modified on 6/3/2021 (Tupolo, A). (Entered: 06/02/2021)
2021-09-2331MINUTE ORDER issued by Courtroom Deputy N. Cannarozzi: On the court's own motion, the Status (Pretrial Scheduling) Conference previously set for 9/30/2021 is RESET for 1/13/2022 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson with the filing of a joint status report due seven (7) days prior. Ordered by Magistrate Judge Jeremy D. Peterson on 9/23/2021. (Text Only Entry) (Cannarozzi, N) (Entered: 09/23/2021)
2021-09-23SERVICE BY MAIL: 31 Minute Order served on Mark E. Graham. (Cannarozzi, N) (Entered: 09/23/2021)
2022-01-0332MINUTE ORDER issued by Courtroom Deputy N. Cannarozzi: On the court's own motion, the Status (Pretrial Scheduling) Conference previously set for 1/13/2022 is RESET for 4/28/2022 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson with the filing of a joint status report due seven (7) days prior. Ordered by Magistrate Judge Jeremy D. Peterson on 1/3/2022. (Text Only Entry)(Cannarozzi, N) (Entered: 01/03/2022)
2022-01-03SERVICE BY MAIL: 32 Minute Order served on Mark E. Graham. (Cannarozzi, N) (Entered: 01/03/2022)
2022-02-1833FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 2/17/2022 RECOMMENDING that the 27 Motion to Dismiss be Denied. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Coll, A) (Entered: 02/18/2022)
2022-03-2934ORDER signed by District Judge Troy L. Nunley on 3/25/2022 ADOPTING 33 Findings and Recommendations in full, DENYING 27 Motion to Dismiss. (Coll, A) (Entered: 03/29/2022)
2022-03-29SERVICE BY MAIL: 34 Order Adopting Findings and Recommendations served on Mark E. Graham. (Coll, A) (Entered: 03/29/2022)
2022-04-2035ANSWER by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Carter, William) (Entered: 04/20/2022)
2022-04-2136STATUS REPORT by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Carter, William) (Entered: 04/21/2022)
2022-04-2237CERTIFICATE of SERVICE by United States Department of Homeland Security, United States Immigration and Customs Enforcement re 36 Status Report. (Carter, William) (Entered: 04/22/2022)
2022-04-2638ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 4/26/2022 ORDERING the initial scheduling conference currently set for April 28, 2022, is continued to June 9, 2022, at 10:00 a.m., in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson. By no later than May 19, 2022, plaintiff shall file a status report in accordance with the court's December 5, 2019 order 4 . Plaintiff shall show cause, by no later than May 19, 2022, why sanctions should not be imposed for failure to comply with the court's January 3, 2022 order. Failure to comply with this order may result in the imposition of sanctions, including a recommendation that this action be dismissed for lack of prosecution and for failure to comply with court orders.(Cannarozzi, N) (Entered: 04/26/2022)
2022-04-26SERVICE BY MAIL: 38 Order to Show Cause served on Mark E. Graham. (Cannarozzi, N) (Entered: 04/26/2022)
2022-05-1839RESPONSE to 38 ORDER to SHOW CAUSE by Mark E. Graham. (Kastilahn, A) (Entered: 05/19/2022)
2022-05-1940STATUS REPORT by Mark E. Graham. (Kastilahn, A) (Entered: 05/20/2022)
2022-06-0941MINUTES for INITIAL SCHEDULING CONFERENCE proceedings held via videoconference on 6/9/2022 before Magistrate Judge Jeremy D. Peterson: All parties present. The court discussed the status of the case and future scheduling. Case scheduled. Written order to issue. The court DISCHARGES the Order to Show Cause, ECF No. 38 . Plaintiff, in pro per, present. Government Counsel: William Dean Carter, present. Court Reporter: Kacy Barajas. (Text Only Entry) (Kennison, L) (Entered: 06/09/2022)
2022-06-09SERVICE BY MAIL: 41 Minutes for 6/9/2022 Scheduling Conference served on Mark E. Graham. (Kennison, L) (Entered: 06/09/2022)
2022-06-1342ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/11/2022 DISCHARGING the 38 Order to Show Cause and SETTING briefing schedule as follows: Defendant's Dispositive Motions due by 10/14/2022. Plaintiff's responsive brief as well as any cross motions due by 11/11/2022. Defendants reply brief and response to any cross motions due by 12/2/2022. Plaintiff's reply to defendants' opposition to any cross motions due by 12/16/2022. (Coll, A) (Entered: 06/13/2022)
2022-06-13SERVICE BY MAIL: 42 Order served on Mark E. Graham. (Coll, A) (Entered: 06/13/2022)
2022-10-1243MOTION for 14-DAY EXTENSION OF TIME to File Dispositive Motion by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Carter, William) (Entered: 10/12/2022)
2022-10-1344ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/12/2022 GRANTING 43 Motion for Extension of Time. Defendants' Dispositive Motions due by 10/28/2022. Plaintiff's Opposition and Cross Motion due by 11/25/2022; Defendants' reply and opposition due by 12/16/2022; Plaintiff's reply due by 12/30/2022. (Mena-Sanchez, L) (Entered: 10/13/2022)
2022-10-13SERVICE BY MAIL: 44 Order, served on Mark E. Graham. (Mena-Sanchez, L) (Entered: 10/13/2022)
2022-10-2845MOTION FOR SUMMARY JUDGMENT by U.S. Department of Homeland Security, U.S.Immigration and Customs Enforcement. Motion Hearing set for 1/19/2023 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson. (Attachments: # 1 Points and Authorities, # 2 Statement of Undisputed Facts, # 3 Declaration of Fernando Pineiro, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Proof of Service)(Carter, William) (Entered: 10/28/2022)
2022-11-2846MOTION for EXTENSION OF TIME to file opposition to 12/16/2022 by Mark E. Graham. (Coll, A) (Entered: 11/29/2022)
2022-11-2847[DISREGARD - Duplicate of 46 Motion for Extension of Time] MOTION for EXTENSION OF TIME to file opposition to 12/16/2022 by Mark E. Graham. (Coll, A) Modified on 12/5/2022 (Coll, A). (Entered: 11/29/2022)
2022-12-0548ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/2/22 GRANTING 46 Motion for Extension of Time. The Hearing for Motions for Summary Judgment is CONTINUED to 2/10/2023 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson. Plaintiff's Opposition and Cross-Motion is due by 12/16/22. Defendants' Reply to Opposition and Opposition to Cross-Motion is due by 1/6/23. Plaintiff's reply due by 1/20/23. (Woodworth, M.) (Entered: 12/05/2022)
2022-12-05SERVICE BY MAIL: 48 Order served on Mark E. Graham. (Woodworth, M.) (Entered: 12/05/2022)
2022-12-1649MOTION for EXTENSION OF TIME to 1/13/2023 to file opposition by Mark E. Graham. (Perdue, C.) (Entered: 12/19/2022)
2022-12-2350MOTION FOR SUMMARY JUDGMENT by Mark E. Graham. (Attachments: # 1 Points and Authorities) (Spichka, K.) (Entered: 12/27/2022)
2022-12-2351OPPOSITION by Mark E. Graham to 45 Motion for Summary Judgment. (Spichka, K.) (Entered: 12/27/2022)
2022-12-2352OPPOSITION by Mark E. Graham to 45 Motion for Summary Judgment. (Spichka, K.) (Entered: 12/27/2022)
2022-12-2953ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/28/22 GRANTING 49 Motion for Extension of Time. Plaintiff's 50 MSJ and Defendants' 51 & 52 Opposition to MSJ are deemed timely. Defendants' Reply and Opposition to Plaintiff's Cross Motion due by 1/13/23. Plaintiff's Reply due by 1/27/23. The Hearing for Motions for Summary Judgment is CONTINUED to 2/16/2023 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson. (Woodworth, M.) (Entered: 12/29/2022)
2022-12-29SERVICE BY MAIL: 53 Order served on Mark E. Graham. (Woodworth, M.) (Entered: 12/29/2022)
2023-01-1354REPLY by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement in support of 50 Motion for Summary Judgment and to 51 Opposition to Motion. (Carter, William) Modified on 1/19/2023 (Benson, A.). (Entered: 01/13/2023)
2023-01-3155NOTICE re attempt to file reply by Mark E. Graham. (Spichka, K.) (Entered: 02/01/2023)
2023-01-3156REPLY in Support of 50 Motion for Summary Judgment by Mark E. Graham. (Spichka, K.) (Entered: 02/01/2023)
2023-02-1457MINUTE ORDER issued by Courtroom Deputy N. Cannarozzi for Magistrate Judge Jeremy D. Peterson on 2/14/2023: The motions for summary judgment 45 and 50 , which are presently calendared for hearing on 2/16/2023, are ordered submitted without appearance and without argument pursuant to Local Rule 230(g). The 2/16/2023 hearing date is VACATED. If the court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry)(Cannarozzi, N) (Entered: 02/14/2023)
2023-02-14SERVICE BY MAIL: 57 Minute Order served on Mark E. Graham. (Cannarozzi, N) (Entered: 02/14/2023)
2023-08-0158FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 7/31/2023 RECOMMENDING that Defendants' 45 Motion for Summary Judgment be denied without prejudice. Plaintiff's Request for fees and cost should be denied as premature. Plaintiff's 50 Motion for Summary Judgment be denied without prejudice; and defendants be ordered to produce a Vaughn index within 60 days of any order adopting these Findings and Rrecommendations. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L) (Entered: 08/01/2023)
2023-08-01SERVICE BY MAIL: 58 Findings and Recommendations (Motion), served on Mark E. Graham. (Mena-Sanchez, L) (Entered: 08/01/2023)
2023-08-2459ORDER signed by District Judge Troy L. Nunley on 8/23/23 ADOPTING in full 58 Findings and Recommendations and DENYING without prejudice 45 Defendants' motion to dismiss, or in the alternative, for summary judgment. Plaintiff's 50 motion for summary judgment is DENIED without prejudice. Defendants are ORDERED to produce a Vaughn index within 60 days of this order.(Kastilahn, A) (Entered: 08/24/2023)
2023-08-24SERVICE BY MAIL: 59 Order Adopting Findings and Recommendations served on Mark E. Graham. (Kastilahn, A) (Entered: 08/24/2023)
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