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Case TitleChurch of the Eagle and the Condor et al v. Garland et al
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2022cv01004
Date Filed2022-06-09
Date ClosedOpen
JudgeSenior Judge Susan R Bolton
PlaintiffChurch of the Eagle and the Condor named as The Church of the Eagle and the Condor, an Arizona Religious Corporation, on its own behalf and on behalf of its members
PlaintiffJoseph Tafur named as Joseph Tafur, M.D., Individually and as Spiritual Leader of The Church of the Eagle and the Condor
PlaintiffBelinda Eriacho named as Belinda Eriacho M.P.H.
PlaintiffKewal Wright member of The Church of the Eagle and the Condor
PlaintiffBenjamin Sullivan member of The Church of the Eagle and the Condor
PlaintiffJoseph Bellus member of The Church of the Eagle and the Condor
Case DescriptionThe Church of the Eagle and the Condor submitted FOIA requests to the DEA and U.S. Customs and Border Protection for records concerning the seizure of ayahuasca, a controlled substance used by the Church as part of religious ceremonies. The Church also requested a fee waiver. The CBP acknowledged receipt of the request and released a heavily redacted copy of its Seized Asset Management and Enforcement Procedure Handbook. The Church filed an administrative appeal, challenging the denial of its fee waiver request and the redactions. The agency disclosed some portions of the handbook that had been previously redacted. The DEA acknowledged receipt of the Church's request, but failed to acknowledge receipt of a second request from the Church. After hearing nothing further from either agency, the Church filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantMerrick Garland Attorney General of the United States
DefendantAlejandro Mayorkas Secretary, U.S. Department of Homeland Security
DefendantAnne Milgram Administrator, U.S. Drug Enforcement Administration
DefendantChristopher Magnus Commissioner, U.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-091COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-20755696 filed by Benjamin Sullivan, Joseph Tafur, Church of the Eagle and the Condor, Belinda Eriacho, Kewal Wright, Joseph Bellus. (Silver, Jack) (Attachments: # 1 Civil Cover Sheet)(SCA) (Entered: 06/09/2022)
2022-06-092Corporate Disclosure Statement by Church of the Eagle and the Condor. (Silver, Jack) (SCA) (Entered: 06/09/2022)
2022-06-093SUMMONS Submitted by Joseph Bellus, Church of the Eagle and the Condor, Belinda Eriacho, Benjamin Sullivan, Joseph Tafur, Kewal Wright. (Silver, Jack) (SCA) (Entered: 06/09/2022)
2022-06-094Filing fee paid, receipt number AAZDC-20755696. This case has been assigned to the Honorable Susan R Bolton. All future pleadings or documents should bear the correct case number: CV-22-01004-PHX-SRB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA) (Entered: 06/09/2022)
2022-06-095NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Joseph Bellus, Benjamin Sullivan, Kewal Wright, Belinda Eriacho, Joseph Tafur, Church of the Eagle and the Condor. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCA) (Entered: 06/09/2022)
2022-06-096NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Joseph Bellus, Benjamin Sullivan, Kewal Wright, Belinda Eriacho, Joseph Tafur, Church of the Eagle and the Condor. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCA) (Entered: 06/09/2022)
2022-06-097NOTICE TO FILER OF DEFICIENCY re: 3 Summons Submitted filed by Joseph Bellus, Benjamin Sullivan, Kewal Wright, Belinda Eriacho, Joseph Tafur, Church of the Eagle and the Condor. Document not in compliance with LRCiv Rule 4 of Federal Rules of Civil Procedure. Only one defendant per summons. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCA) (Entered: 06/09/2022)
2022-06-098SUMMONS Submitted by Church of the Eagle and the Condor. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Silver, Jack) (Entered: 06/09/2022)
2022-06-099AMENDED DOCUMENT by Church of the Eagle and the Condor - Corrected Civil Cover Sheet . (Silver, Jack) (Entered: 06/09/2022)
2022-06-10Remark: Pro hac vice motion(s) granted for Jack Silver, Gilbert Paul Carrasco, Sean T McAllister, Martha J Hartney on behalf of Plaintiffs Joseph Bellus, Church of the Eagle and the Condor, Belinda Eriacho, Benjamin Sullivan, Joseph Tafur, Kewal Wright. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 06/10/2022)
2022-06-1010Summons Issued as to Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/10/2022)
2022-06-22Remark: Pro hac vice motion(s) granted for Ismail L Ali on behalf of Plaintiffs Joseph Bellus, Church of the Eagle and the Condor, Belinda Eriacho, Joseph Tafur, Kewal Wright. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 06/22/2022)
2022-06-2311SERVICE EXECUTED filed by Church of the Eagle and the Condor: Affidavit of Service re: Complaint, Summons, Notice of Availability of a US Magistrate Judge upon Merrick Garland, Attorney General of the United States on June 16, 2022. (Silver, Jack) (Entered: 06/23/2022)
2022-06-2312SERVICE EXECUTED filed by Church of the Eagle and the Condor: Affidavit of Service re: Complaint, Summons, Notice of Availability of a US Magistrate Judge upon Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security on June 16, 2022. (Silver, Jack) (Entered: 06/23/2022)
2022-06-2313SERVICE EXECUTED filed by Church of the Eagle and the Condor: Affidavit of Process re: Complaint, Summons, Notice of Availability of a US Magistrate Judge upon Christopher Magnus, Commissioner, U.S. Customs and Border Protection on June 16, 2022. (Silver, Jack) (Entered: 06/23/2022)
2022-06-2314SERVICE EXECUTED filed by Church of the Eagle and the Condor: Affidavit of Service re: Complaint, Summons, Notice of Availability of a US Magistrate Judge upon Anne Milgram, Administrator, U.S. Drug Enforcement Administration on June 14, 2022. (Silver, Jack) (Entered: 06/23/2022)
2022-08-1815ORDER: After review of the docket, the Court notes that the Complaint in this matter was filed on June 9, 2022. Plaintiffs appear to have not completed service pursuant to the requirements of Rule 4(i), Federal Rules of Civil Procedure within the time required by Rule (4)(m). Plaintiffs are notified that this matter will be dismissed within 7 days if Plaintiffs fail to show good cause before that date for its apparent failure to complete service of the summons and complaint. Signed by Senior Judge Susan R Bolton on 8/18/22. (MAW) (Entered: 08/18/2022)
2022-08-1916RESPONSE TO ORDER TO SHOW CAUSE re: 15 Order,,, Set Deadlines,, by Plaintiff Church of the Eagle and the Condor. (Silver, Jack) (Entered: 08/19/2022)
2022-08-2317SERVICE EXECUTED filed by Church of the Eagle and the Condor: Affidavit of Service re: Complaint, Summons upon U.S. Attorney for the District of Arizona on August 19, 2022. (Silver, Jack) (Entered: 08/23/2022)
2022-08-2318SERVICE EXECUTED filed by Church of the Eagle and the Condor: Affidavit of Service re: Complaint, Summons upon Merrick Garland, Attorney General of the United States on August 19, 2022. (Silver, Jack) (Entered: 08/23/2022)
2022-08-2419RESPONSE TO ORDER TO SHOW CAUSE re: 15 Order,,, Set Deadlines,, by Plaintiff Church of the Eagle and the Condor. (Silver, Jack) (Entered: 08/24/2022)
2022-09-1920*NOTICE of Appearance by Giselle Barcia on behalf of Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Barcia, Giselle) *Document not in compliance with Local Rule, attorney noticed on 9/20/2022 (LAD). (Entered: 09/19/2022)
2022-09-1921*First MOTION for Extension of Time to File Answer by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Attachments: # 1 Proposed Order)(Barcia, Giselle) *Modified to correct event. Document not in compliance with Local Rule, attorney noticed on 9/20/2022 (LAD). (Entered: 09/19/2022)
2022-09-2022ORDER granting 21 Motion for Extension of Time to Answer and extending Defendants' deadline to file a responsive pleading until November 15, 2022, Plaintiffs' deadline to file any potential opposition until December 15, 2022, and Defendants' deadline to file any potential reply until January 5, 2023. Signed by Senior Judge Susan R Bolton on 9/20/22. (MAW) (Entered: 09/20/2022)
2022-11-1523*MOTION to Dismiss Counts/Claims , MOTION to Stay Case by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Barcia, Giselle). *Added MOTION to Stay on 11/16/2022 (REK). (Entered: 11/15/2022)
2022-12-1424RESPONSE in Opposition re: 23 MOTION to Dismiss Counts/Claims MOTION to Stay filed by Church of the Eagle and the Condor. (Attachments: # 1 Attachment Supporting Declaration of Brenda Eriacho, # 2 Attachment Supporting Declaration of Joseph Bellus, # 3 Attachment Supporting Declaration of Benjamin Sullivan, # 4 Attachment Supporting Declaration of Kewal Wright, # 5 Attachment Supporting Declaration of Joseph Tafur, M.D., # 6 Exhibit Exhibit 1 to Tafur Declaration, # 7 Attachment Supporting Declaration of Martha K. Hartney, # 8 Exhibit Exhibit A to Hartney Declaration)(Silver, Jack) (Entered: 12/14/2022)
2023-01-0525REPLY to Response to Motion re: 23 MOTION to Dismiss Counts/Claims MOTION to Stay filed by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Barcia, Giselle) (Entered: 01/05/2023)
2023-03-2026ORDER: IT IS ORDERED denying Defendants' Motion to Dismiss Count 1 of the Complaint (Doc. 23 ). IT IS FURTHER ORDERED granting Defendants' Motion to Dismiss Counts 2, 3, 4, 5, 6 and 7 of the Complaint (Doc. 23 ) [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 3/20/23. (MAW) (Entered: 03/20/2023)
2023-03-2127ORDER: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for April 20, 2023 at 11:30 a.m. in Courtroom 502, Sandra Day O'Connor U.S. Courthouse, 401 W. Washington St., Phoenix, Arizona 85003 [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 3/21/23. (MAW) (Entered: 03/21/2023)
2023-03-3028Second MOTION for Extension of Time to File Answer by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Attachments: # 1 Proposed Order)(Barcia, Giselle) (Entered: 03/30/2023)
2023-03-3129ORDER granting the 28 Motion to Extend the Responsive Pleading Deadline and extending Defendants' deadline to file an Answer for 30 days, or 30 days following any potential amended complaint by Plaintiffs, whichever is later. Signed by Senior Judge Susan R. Bolton on 3/31/2023. (ESG) (Entered: 03/31/2023)
2023-04-1330REPORT of Rule 26(f) Planning Meeting by Church of the Eagle and the Condor. (Silver, Jack) (Entered: 04/13/2023)
2023-04-1331First MOTION for Leave to Appear Remotely by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Attachments: # 1 Proposed Order)(Barcia, Giselle) (Entered: 04/13/2023)
2023-04-1432ORDER granting 31 Motion for Leave to Appear Remotely. The Rule 16 Scheduling Conference set on April 20, 2023 at 11:30 a.m. will be conducted in person and/or via Zoom. Counsel shall advise the Court by email at bolton_chambers@azd.uscourts.gov no later than 12:00 p.m., April 18, 2023 if they will be appearing via Zoom or appearing in person. This Court's staff will provide counsel with the Zoom link for said hearing. Signed by Senior Judge Susan R Bolton on 4/14/23. (MAW) (Entered: 04/14/2023)
2023-04-2033MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Scheduling Conference held on 4/20/2023. Deadlines discussed and entered. Scheduling Order to follow. Counsel are directed to obtain a copy of the form of the Joint Proposed Pretrial Order on the court's website. APPEARANCES: Gilbert Carrasco, Martha Hartney and Jack Silver (all appearing by Zoom) for Plaintiffs. Giselle Barcia (appearing by Zoom) for Defendants. (Court Reporter Teri Veres) Hearing held 11:37 AM to 12:11 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/20/2023)
2023-04-2034CASE MANAGEMENT ORDER: Discovery due by 12/15/2023. Dispositive motions due by 5/24/2024. Joint Proposed Pretrial Order due by 9/30/2024. The attorneys for each party who will be responsible for trial of the lawsuit shall appear and participate in a Pretrial Conference on 10/10/2024 at 10:00 a.m. IT IS ORDERED setting Bench Trial on 10/21/2024 at 9:00 a.m. See attached Order for complete details. Signed by Senior Judge Susan R. Bolton on 4/20/2023. (ESG) (Entered: 04/20/2023)
2023-05-0335ANSWER to 1 Complaint, by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram.(Barcia, Giselle) (Entered: 05/03/2023)
2023-07-0636Joint MOTION for Protective Order by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Attachments: # 1 Proposed Order)(Barcia, Giselle) (Entered: 07/06/2023)
2023-07-0637Joint MOTION for Order Entering Clawback Agreement and Federal Rule of Evidence 502(d) Order by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Attachments: # 1 Proposed Order)(Barcia, Giselle) (Entered: 07/06/2023)
2023-07-1138ORDER granting 37 Motion for Order Entering Clawback Agreement and Federal Rule of Evidence 502(d) [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/11/23. (MAW) (Entered: 07/11/2023)
2023-07-1139PROTECTIVE ORDER [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/11/23. (MAW) (Entered: 07/11/2023)
2023-10-0440Joint MOTION Entry of Order Governing the Taking of Remote Depositions by Church of the Eagle and the Condor. (Attachments: # 1 Proposed Order)(Silver, Jack) (Entered: 10/04/2023)
2023-10-1341Joint MOTION for Extension of Time to Complete Discovery by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Attachments: # 1 Proposed Order)(Barcia, Giselle) (Entered: 10/13/2023)
2023-10-1742ORDER that the parties' Joint 41 Motion to Extend the Discovery Schedule is granted. Discovery due by 2/13/2024. Dispositive motions due by 7/23/2024. See attached Order for complete details. Signed by Senior Judge Susan R. Bolton on 10/17/2023. (ESG) (Entered: 10/17/2023)
2023-10-2043ORDER denying as moot the Joint 40 Motion for Entry of Order Governing the Taking of Remote Depositions in light of the Joint Motion to Extend Discovery Schedule (Doc. 41 ) reporting that the parties have agreed to a settlement and do not anticipate taking depositions. Signed by Senior Judge Susan R. Bolton on 10/19/2023. (ESG) (Entered: 10/20/2023)
2023-12-2044Joint MOTION for Extension of Time To Complete Discovery by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Attachments: # 1 Proposed Order)(Barcia, Giselle) (Entered: 12/20/2023)
2024-01-0345ORDER granting 44 Joint Motion to Extend the Discovery Schedule. Discovery due by 4/14/2024. Dispositive motions due by 9/22/2024. IT IS FURTHER ORDERED that no further extensions will be granted. See attached Order for complete details. Signed by Senior Judge Susan R. Bolton on 1/3/2024. (KMB) (Entered: 01/03/2024)
2024-02-0746REPORT of Settlement Talks/Discussions by Merrick Garland, Christopher Magnus, Alejandro Mayorkas, Anne Milgram. (Barcia, Giselle) (Entered: 02/07/2024)
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