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16-15438 - Gahagan v. United States Citizenship and Immigration Services


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16-15438 - Gahagan v. United States Citizenship and Immigration Services
December 14, 2016
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ORDER AND REASONS: ORDERED that the plaintiff' s 6 Motion for Summary Judgment in GRANTED in part in so far as the Court finds that the USCIS's search for the requested record was inadequate. FURTHER ORDERED that another search of the CLAIMS system shall be conducted and, within five days, counsel for USCIS shall submit supplemental papers and a supplemental declaration as further explained in document. FURTHER ORDERED that not later than 5:00 p.m. twenty-four hours from receipt of this Order and Reasons, counsel for USCIS shall produce to the plaintiff the unredacted recreated Receipt Notice and shall certify compliance in the record. FURTHER ORDERED that the remaining issue raised by the plaintiff's motion for summary is under submission pending USCIS's forthcoming submission. Signed by Judge Martin L.C. Feldman on 12/14/16. (clc)
December 22, 2016
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ORDER AND REASONS denying as moot 6 Motion for Summary Judgment as per herein. Signed by Judge Martin L.C. Feldman on 12/22/2016. (cg) Modified on 1/5/2017 to edit text. (clc).
March 8, 2017
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ORDER AND REASONS - IT IS ORDERED: that 45 USCIS's motion for reconsideration is DENIED and its 44 motion for summary judgment is DENIED as moot. IT IS FURTHER ORDERED: that the scheduling order issued in this case is hereby rescinded and a judgment for plaintiff will be entered. Finally, IT IS FURTHER ORDERED: that the plaintiff's motion for attorney's fees is referred to the magistrate judge for determination. Signed by Judge Martin L.C. Feldman on 3/8/2017. (cg)
April 27, 2017
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REPORT AND RECOMMENDATIONS. It is RECOMMENDED that the Motion for Attorney's Fees and Costs (Rec. Doc. 43) be GRANTED in part and USCIS be ordered to pay Gahagan $8,867.47. Objections to R&R due by 5/11/2017. Signed by Magistrate Judge Janis van Meerveld.(gec)
September 12, 2017
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ORDER AND REASONS: ORDERED that the 75 REPORT AND RECOMMENDATIONS is REJECTED in part and ADOPTED in part. FURTHER ORDERED that 43 Motion for Attorney's Fees is DENIED, but his request for costs is GRANTED. Mr. Gahagan is entitled to recover $451.47 in costs. Signed by Judge Martin L.C. Feldman.(cml)