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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)
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by FOIA Project Staff
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