Case: Xi v. Haugen

2:17-cv-02132 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: May 10, 2017

Case Ongoing

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Case Summary

This lawsuit is a challenge to the Federal Bureau of Investigation’s allegedly unconstitutional surveillance and arrest of the plaintiff. The plaintiff filed the lawsuit on May 10, 2017 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff initially sued an FBI special agent and other unnamed federal agents and officials. The case was heard by Judge R. Barclay Surrick. The plaintiff, a physics professor at Temple University, had been indicted and arrested in May 201…

The plaintiff, a physics professor at Temple University, had been indicted and arrested in May 2015 for allegedly spying for the Chinese government by providing it with technological information from a US company. The government later dismissed the indictment. As part of the investigation, the FBI had allegedly surveilled the plaintiff’s communications based on Section 702 of the Foreign Intelligence Surveillance Act (FISA) and Executive Order 12333. Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a, permits the Attorney General and the Director of National Intelligence to conduct foreign intelligence surveillance targeting the communications of non-U.S. persons located abroad. The government need not establish probable cause that the target of electronic surveillance is a foreign power or agent of a foreign power, nor must the government specify the nature and location of the facilities or places that surveillance will occur. Though the plaintiff in this case was a U.S. citizen and resident, communications of U.S. citizens and residents are frequently collected “incidentally” if those U.S. persons are communicating with or about a targeted foreigner.

Represented initially by private counsel and later by the American Civil Liberties Union, the plaintiff brought claims under Bivens and Ex Parte Young, alleging that the government’s surveillance under FISA had violated his Fourth Amendment right to be free from unlawful search and seizure and was based on false statements from FBI agents. He also alleged that the physical search of his house violated the Fourth Amendment, that the prosecution of him was malicious and violated the Fourth Amendment, and that the investigation and prosecution of him violated his Fifth Amendment Due Process and Equal Protection Rights because it was motivated by racial and ethnic discrimination, as the plaintiff was a former Chinese national in contact with Chinese entities. The plaintiff sought compensatory and punitive damages, an injunction requiring the government to return or destroy any information from his electronic devices or communications, and attorneys’ fees.

On July 7, 2017, the plaintiff amended his complaint to add two family members as plaintiffs and to add the United States as a defendant. He also added several state tort claims under the Federal Tort Claims Act. Later that year, on September 25, the defendants moved to dismiss for lack of jurisdiction and for failure to state a claim.

The following month, on October 21, the plaintiff amended his complaint again, adding the Director of the FBI, the Attorney General of the United States, and the Director of the National Security Agency as defendants. The second amended complaint also added a constitutional claim for fabrication of evidence in violation of the Fourth and Fifth Amendment, and request for a declaratory judgment as to the government’s constitutional violations. However, the complaint removed the Bivens claim that the FISA surveillance had been unconstitutional, though it still contained general allegations about FISA surveillance.

Due to the amended complaint, the court denied defendants’ previous motions to dismiss as moot on November 1, 2017. The following year, on January 23, the US and the FBI moved to dismiss the case for lack of jurisdiction and failure to state a claim, and about a week later, the Attorney General, FBI Director, and NSA Director did the same.

On April 1, 2021, the court granted two of the motions to dismiss. First, the court dismissed the plaintiffs’ Bivens claims against the FBI agent, holding that this case is distinguishable from Bivens based on the type of search and the mechanism of injury and that Bivens should not be extended in this case. The court also held that the Bivens claim would be barred by qualified immunity as well because the defendants did not violate a clearly established right. Second, the court dismissed the plaintiffs’ tort claims because the defendants’ actions fell under an exception to the sovereign immunity waiver under the Federal Tort Claims Act, as they were actions in accordance with a discretionary duty. 2021 WL 1224164.

On September 17 of that year, at the request of the parties, the court certified a final judgment for the defendants so its decision could be appealed. The following week, the plaintiffs appealed the case to the Third Circuit Court of Appeals. The Third Circuit heard oral argument on September 14, 2022.

Over a year later, on May 24, 2023, the Third Circuit affirmed in part and reversed in part the district court’s ruling, remanding the case for further proceedings. The Third Circuit affirmed the district court’s dismissal of the plaintiffs’ Bivens claims. However, it found that the plaintiffs’ tort claims were incorrectly dismissed, as the plaintiffs had plausibly alleged a constitutional violation with their Fourth Amendment claim, and the discretionary exception to the Federal Tort Claims Act does not include unconstitutional acts. It also held that the Fifth Amendment claims were too conclusory and should still be dismissed. 68 F.4th 824.


1 2:17-cv-02132	Complaint	May 10, 2017	May 10, 2017 Complaint
26 2:17-cv-02132	Second Amended Complaint	Oct. 31, 2017	Oct. 31, 2017 Complaint
58 2:17-cv-02132	Memorandum	April 1, 2021	April 1, 2021 Pleading / Motion / Brief 2021 WL 1224164
59 21-02798	Opinion of the Court U.S. Court of Appeals for the Third Circuit	May 24, 2023	May 24, 2023 Order/Opinion 68 F.4th 824

ECF Number	Date	Description	Link
1	May 10, 2017	COMPLAINT against ANDREW HAUGEN, JOHN DOE(S) ( Filing fee $ 400 receipt number 159435.), filed by XIAOXING XI. (Attachments: # 1 Civil Cover Sheet)(rt) (Entered: 05/10/2017) 1 Civil Cover Sheet View on PACER	Clearinghouse
	May 10, 2017	Summons Issued as to ANDREW HAUGEN, U.S. Attorney and U.S. Attorney General Two Forwarded To: Counsel and One Given to AUSA on May 10, 2017 (rt)
	May 10, 2017	DEMAND for Trial by Jury by XIAOXING XI. (rt)
2	May 12, 2017	Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (va, ) (Entered: 05/15/2017)	RECAP
3	May 23, 2017	SUMMONS Returned Executed by XIAOXING XI re: Jonathan H. Feinberg served Summons and Complaint upon Atty General Jeff Sessions by Certified Mail on 5/15/2017, and upon US Attys Office by Certified Mail on 5/16/2017 (per FRCP 4(i)(1)(A)(ii), 4(i)(1)(B), 4(i)(3)) (Personal service on defendant Haugen still pending). (FEINBERG, JONATHAN) Modified on 5/24/2017 (md). (Entered: 05/23/2017)	RECAP
4	June 7, 2017	WAIVER OF SERVICE Returned Executed by XIAOXING XI. ANDREW HAUGEN waiver sent on 5/10/2017, answer due 7/11/2017. (FEINBERG, JONATHAN) (Entered: 06/07/2017)	RECAP
5	June 28, 2017	NOTICE of Appearance by PAUL E. WERNER on behalf of ANDREW HAUGEN (WERNER, PAUL) (Entered: 06/28/2017)	RECAP
6	July 7, 2017	MOTION to Amend/Correct 1 Complaint Unopposed filed by XIAOXING XI.. (Attachments: # 1 Proposed Amended Complaint)(FEINBERG, JONATHAN) (Entered: 07/07/2017)	RECAP
7	July 7, 2017	ORDER THAT PLAINTIFFS UNOPPOSED 6 MOTION IS GRANTED, AND THE AMENDED COMPLAINT ATTACHED TO THE MOTION SHALL BE DOCKETED. THE CLERK SHALL ISSUE TWO SUMMONSES FOR THE NEWLY ADDED DEFENDANT UNITED STATES OF AMERICA. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 7/7/17. 7/10/17 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 07/10/2017)	RECAP
8	July 7, 2017	AMENDED COMPLAINT against UNITED STATES OF AMERICA, ANDREW HAUGEN, JOHN DOE(S), filed by XIAOXING XI, QI LI and JOYCE XI. Jury Demand. (va, ) ). Modified on 7/12/2017 (fb). (Main Document 8 replaced on 7/13/2017) (va, ). Modified on 7/13/2017 (va, ). (Entered: 07/11/2017)	RECAP
	July 7, 2017	2 Summonses Issued as to UNITED STATES OF AMERICA. 2 Forwarded To: JONATHAN H. FEINBERG on 7/13/17. (va, )
	July 13, 2017	Summons Issued
9	July 20, 2017	STIPULATED Proposed Order for Extension of Time to File Response/Reply as to 8 Amended Complaint, filed by ANDREW HAUGEN.(WERNER, PAUL) (FILED IN ERROR BY ATTY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 7/21/2017 (md). (Entered: 07/20/2017)	RECAP
10	July 21, 2017	STIPULATION AND ORDER THAT ANDREW HAUGEN ANSWER BY 7/24/2017. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 7/21/17. 7/24/17 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 07/24/2017)	RECAP
11	Aug. 2, 2017	NOTICE of Appearance by PAUL E. WERNER on behalf of UNITED STATES OF AMERICA (WERNER, PAUL) (Entered: 08/02/2017)	RECAP
12	Aug. 2, 2017	STIPULATED Proposed Order for Extension of Time to File Response/Reply as to 8 Amended Complaint, filed by ANDREW HAUGEN, UNITED STATES OF AMERICA.(WERNER, PAUL) Modified on 8/3/2017 (md). (Entered: 08/02/2017)	RECAP
13	Aug. 2, 2017	STIPULATED ORDER GRANTING 12 MOTION FOR EXTENSION OF TIME. THE UNITED STATES RESPONSE TO THE AMENDED COMPLAINT IS DUE ON OR ABOUT SEPTEMBER 25. 20 17. SEE FED. R. CIV. P. I 2(A)(2). THE PARTIES TO THIS LITIGATION AGREE THAT. TO CONSERVE BOTH THEIR AND THE COURT'S RESOURCES. THE RESPONSE DATE FOR BOTH THE UNITED STATES AND SPECIAL AGENT HAUGEN IS NOW SEPTEMBER 25. 2017. ETC. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 8/2/17. 8/2/17 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 08/02/2017)	RECAP
14	Aug. 4, 2017	SUMMONS Returned Executed by JOYCE XI, XIAOXING XI, QI LI re: Jonathan H. Feinberg, Plaintiffs' Counsel served Summons and Complaint upon UNITED STATES OF AMERICA by Served via certified mail on Attorney General and U.S. Attorney's Office per FRCP 4(i). UNITED STATES OF AMERICA served on 7/25/2017, answer due 9/25/2017. (FEINBERG, JONATHAN) (Entered: 08/04/2017)	RECAP
15	Sept. 25, 2017	MOTION to Dismiss for Lack of Jurisdiction filed by UNITED STATES OF AMERICA.Memorandum. (Attachments: # 1 Text of Proposed Order)(WERNER, PAUL) (Entered: 09/25/2017) 1 Text of Proposed Order View on PACER	RECAP
16	Sept. 25, 2017	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ANDREW HAUGEN.Memorandum. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(WERNER, PAUL) (Entered: 09/25/2017) 1 Exhibit View on PACER 2 Text of Proposed Order View on PACER	RECAP
17	Oct. 5, 2017	STIPULATION AND ORDER THAT ALL DEFENDANTS BE PERMITTED TO FILE RESPONSIVE PLEADINGS TO AN AMENDED COMPLAINT ON THE SAME DATE THAT THE NEWLY-NAMED DEFENDANTS ARE REQUIRED TO FILE THEIR RESPONSIVE PLEADINGS. AS PLAINTIFFS EXPECT TO NAME UNITED STATES OFFICERS IN THEIR OFFICIAL CAPACITY, PURSUANT TO FED. R. CIV. PRO. T 2( A)( 2 ), THE NEWLY-NAMED DEFENDANTS WILL HAVE 60 DAYS AFTER SERVICE TO FILE A RESPONSE. PLAINTIFFS SHALL FILE A MOTION FOR LEAVE TO AMEND THE COMPLAINT WITH THE PROPOSED AMENDED COMPLAINT ON OR BEFORE OCTOBER 31, 2017. IF THE COURT GRANTS PLAINTIFFS' MOTION TO FILE A SECOND AMENDED COMPLAINT, RESPONSIVE PLEADINGS FROM ALL DEFENDANTS SHALL BE FILED 60 DAYS AFTER THE SECOND AMENDED COMPLAINT IS FILED ON THE DOCKET. ETC. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/5/17. 10/5/17 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 10/05/2017)	RECAP
18	Oct. 17, 2017	MOTION for Pro Hac Vice Admission of Ashley Gorski ( Filing fee $ 40 receipt number 0313-12396515.) filed by XIAOXING XI, QI LI, JOYCE XI, Statement, Certificate of Service.(LIN, SUSAN) Modified on 10/20/2017 (md). (Entered: 10/17/2017)	RECAP
19	Oct. 17, 2017	MOTION for Pro Hac Vice Admission of Patrick Toomey ( Filing fee $ 40 receipt number 0313-12396554.) filed by XIAOXING XI, QI LI, JOYCE XI, Statement, Certificate of Service.(LIN, SUSAN) Modified on 10/20/2017 (md). (Entered: 10/17/2017)	RECAP
20	Oct. 17, 2017	MOTION for Pro Hac Vice Admission of Jonathan Hafetz ( Filing fee $ 40 receipt number 0313-12396604.) filed by XIAOXING XI, QI LI, JOYCE XI, Statement, Certificate of Service.(LIN, SUSAN) Modified on 10/20/2017 (md). (Entered: 10/17/2017)	RECAP
21	Oct. 18, 2017	ORDER GRANTING 18 MOTION FOR PRO HAC VICE OF ASHLEY GORSKI. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/18/17. 10/19/17 ENTERED AND COPIES E-MAILED. 10/20/17 MAILED WITH ECF FORMS. (va, ) (Entered: 10/19/2017)	RECAP
22	Oct. 18, 2017	ORDER GRANTING 19 MOTION FOR PRO HAC VICE ADMISSION OF PATRICK TOOMEY. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/18/17. 10/19/17 ENTERED AND COPIES E-MAILED. 10/20/17 MAILED WITH ECF FROMS. (va, ) (Entered: 10/19/2017)	RECAP
23	Oct. 18, 2017	ORDER GRANTING 20 MOTION FOR PRO HAC VICE OF JONATHAN HAFETZ. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/18/17. 10/19/17 ENTERED AND COPIES E-MAILED. 10/20/17 COPIES MAILED WITH ECF FORMS. (va, ) (Entered: 10/19/2017)	RECAP
24	Oct. 31, 2017	Second MOTION to Amend/Correct Complaint filed by QI LI, JOYCE XI, XIAOXING XI.Certificate of Service. (Attachments: # 1 Proposed Second Amended Complaint)(LIN, SUSAN) (Entered: 10/31/2017) 1 Proposed Second Amended Complaint View on PACER	RECAP
25	Oct. 31, 2017	ORDER GRANTING 24 MOTION TO FILE SECOND AMENDED COMPLAINT. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/31/17. 11/1/17 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 11/01/2017)	RECAP
26	Oct. 31, 2017	SECOND AMENDED COMPLAINT against ANDREW HAUGEN, JOHN DOE(S), MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, UNITED STATES OF AMERICA, CHRISTOPHER A. WRAY, filed by JOYCE XI, QI LI, XIAOXING XI. Jury Demand. (va, ) Modified on 11/1/2017 (va, ). (Entered: 11/01/2017)	Clearinghouse
	Oct. 31, 2017	5 Summonses Issued as to MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, CHRISTOPHER A. WRAY. 3 Forwarded To: DAVID RUDOVSKY on 11/1/17. 1 Forwarded To David Rudovsky and 1 Forwarded to Case Opening on 11/8/17. (va, ) Modified on 11/8/2017 (va, ).
27	Nov. 1, 2017	ORDER DISMISSING AS MOOT 15 AND 16 MOTIONS TO DISMISS. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 11/1/17. 11/2/17 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 11/02/2017)	RECAP
	Nov. 1, 2017	Summons Issued
28	Nov. 9, 2017	Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (va, ) (Entered: 11/09/2017)	RECAP
29	Dec. 12, 2017	SUMMONS Returned Executed by JOYCE XI, XIAOXING XI, QI LI re: Susan Lin served Summons and Complaint upon MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, CHRISTOPHER A. WRAY by Certified Mail. MICHAEL S. ROGERS served by Certified Mail on 11/24/2017; JEFFERSON B. SESSIONS, III served by Certified Mail on 11/20/2017; CHRISTOPHER A. WRAY served by Certified Mail (no copy of green card attached). (LIN, SUSAN) (ANSWER DEADLINE SET TO 1/2/2017 AS PER 17 STIPULATION AND ORDER, AS PER CHAMBERS) Modified on 12/12/2017 (va, ). Modified on 12/13/2017 (md). (Entered: 12/12/2017)	RECAP
30	Dec. 22, 2017	STIPULATION AND ORDER ALL DEFENDANTS SHALL FILE MOTIONS TO DISMISS THE AMENDED COMPLAINT ON OR BEFORE 1/23/2018. PLAINTIFFS SHALL FILE ANY OPPOSITIONS BEFORE 3/16/2018, DEFENDANTS SHALL FILE ANY REPLIES ON OR BEFORE 4/13/2018.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 12/21/2017. 12/22/2017 ENTERED AND COPIES E-MAILED.(kp, ) (Entered: 12/22/2017)	RECAP
31	Jan. 11, 2018	STIPULATION AND ORDER THAT DEFENDANTS FBI SPECIAL AGENT ANDREW HAUGEN AND THE UNITED STATES OF AMERICA SHALL FILE MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT ON OR BEFORE JANUARY 23, 2018. THE OFFICIAL CAPACITY DEFENDANTS SHALL TILE THEIR MOTION TO DISMISS THE SECOND AMENDED COMPLAINT ON OR BEFORE FEBRUARY 2, 2018. PLAINTIFFS SHALL FILE ANY OPPOSITION TO DEFENDANTS' MOTIONS ON OR BEFORE MARCH 19. 2018. DEFENDANTS SHALL FILE ANY REPLIES IN SUPPORT OF THEIR MOTIONS TO DISMISS ON OR BEFORE APRIL 16. 2018. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 1/11/18. 1/12/18 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 01/12/2018)	RECAP
32	Jan. 22, 2018	MOTION to Stay re 31 Stipulation and Order,, filed by ANDREW HAUGEN, MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, UNITED STATES OF AMERICA, CHRISTOPHER A. WRAY.. (Attachments: # 1 Text of Proposed Order)(WERNER, PAUL) (Entered: 01/22/2018)	RECAP
33	Jan. 23, 2018	MOTION to Withdraw 32 MOTION to Stay re 31 Stipulation and Order,, filed by ANDREW HAUGEN, MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, UNITED STATES OF AMERICA, CHRISTOPHER A. WRAY..(WERNER, PAUL) (Entered: 01/23/2018)	RECAP
34	Jan. 23, 2018	MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by UNITED STATES OF AMERICA.. (Attachments: # 1 Text of Proposed Order)(WERNER, PAUL) (Entered: 01/23/2018) 1 Text of Proposed Order View on PACER	RECAP
35	Jan. 23, 2018	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ANDREW HAUGEN.. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(WERNER, PAUL) (Entered: 01/23/2018) 1 Exhibit View on RECAP 2 Text of Proposed Order View on PACER	RECAP
36	Jan. 24, 2018	ORDER GRANTING 33 MOTION TO WITHDRAW 32 MOTION TO STAY. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 1/23/18. 1/25/18 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 01/25/2018)	RECAP
37	Jan. 29, 2018	NOTICE of Appearance by ELIZABETH M. TULIS on behalf of MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, CHRISTOPHER A. WRAY (TULIS, ELIZABETH) (Entered: 01/29/2018)	RECAP
38	Feb. 2, 2018	MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief May Be Granted filed by MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, CHRISTOPHER A. WRAY.Memorandum. (Attachments: # 1 Text of Proposed Order)(TULIS, ELIZABETH) (Entered: 02/02/2018) 1 Text of Proposed Order View on PACER	RECAP
39	Feb. 15, 2018	STIPULATION AND ORDER PLAINTIFFS SHALL FILE RESPONSES TO THE MOTIONS TO DISMISS ON OR BEFORE MARCH 30, 2018. DEFENDANTS MAY FILE REPLIES IN SUPPORT OF THEIR MOTIONS TO DISMISS ON OR BEFORE APRIL 27, 2018. ETC. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 2/15/18. 2/16/18 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 02/16/2018)	RECAP
40	March 29, 2018	STIPULATION AND ORDER THAT PLAINTIFFS SHALL FILE RESPONSES TO THE DEFENDANTS MOTIONS TO DISMISS ON OR BEFORE 4/9/18. DEFENDANTS MAY FILE REPLIES IN SUPPORT OF THEIR MOTIONS TO DISMISS ON OR BEFORE 5/17/18. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 3/29/18. 3/29/18 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 03/29/2018)	RECAP
41	April 9, 2018	RESPONSE in Opposition re 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by QI LI, JOYCE XI, XIAOXING XI. (LIN, SUSAN) (Entered: 04/09/2018)	RECAP
42	April 9, 2018	RESPONSE in Opposition re 38 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief May Be Granted filed by QI LI, JOYCE XI, XIAOXING XI. (TOOMEY, PATRICK) (Entered: 04/09/2018)	RECAP
43	May 16, 2018	STIPULATION AND ORDER THAT DEFENDANTS ANSWER AMENDED COMPLAINT BY 5/22/18. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 5/16/18. 5/17/18 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 05/17/2018)	RECAP
44	May 18, 2018	NOTICE by QI LI, JOYCE XI, XIAOXING XI of Supplemental Authority re 42 Response in Opposition to Motion to Dismiss (Attachments: # 1 Attachment)(TOOMEY, PATRICK) Modified on 5/21/2018 (md). (Entered: 05/18/2018)	RECAP
45	May 22, 2018	RESPONSE in Support re 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by UNITED STATES OF AMERICA. (WERNER, PAUL) (Entered: 05/22/2018)	RECAP
46	May 22, 2018	RESPONSE in Support re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ANDREW HAUGEN. (WERNER, PAUL) (Entered: 05/22/2018)	RECAP
47	May 22, 2018	REPLY to Response to Motion re 38 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief May Be Granted filed by MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, CHRISTOPHER A. WRAY. (TULIS, ELIZABETH) (Entered: 05/22/2018)	RECAP
48	Aug. 27, 2018	Statement of Supplemental Authority by XIAOXING XI. (LIN, SUSAN) (Entered: 08/27/2018)	RECAP
49	Aug. 30, 2018	Statement in Response to Notice of Supplemental Authority by ANDREW HAUGEN. (Attachments: # 1 Exhibit Lanuza v. Love (9th Cir.))(WERNER, PAUL) (Entered: 08/30/2018)	RECAP
50	March 14, 2019	NOTICE by QI LI, JOYCE XI, XIAOXING XI of Supplemental Authority (LIN, SUSAN) (Entered: 03/14/2019)	RECAP
51	March 21, 2019	Response re 50 Notice (Other) of Supplemental Authority by MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, CHRISTOPHER A. WRAY. (TULIS, ELIZABETH) (Entered: 03/21/2019)	RECAP
52	Feb. 6, 2020	NOTICE by QI LI, JOYCE XI, XIAOXING XI Notice of Supplemental Authority (LIN, SUSAN) (Entered: 02/06/2020)	RECAP
53	Feb. 20, 2020	MOTION to Strike 52 Notice (Other) filed by ANDREW HAUGEN, MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, UNITED STATES OF AMERICA, CHRISTOPHER A. WRAY.Memorandum. (Attachments: # 1 Text of Proposed Order)(WERNER, PAUL) (Entered: 02/20/2020) 1 Text of Proposed Order View on PACER	RECAP
54	March 4, 2020	MOTION for Extension of Time to File Response/Reply Unopposed filed by QI LI, JOYCE XI, XIAOXING XI..(LIN, SUSAN) (Entered: 03/04/2020)	RECAP
55	March 4, 2020	ORDER GRANTING 54 PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO STRIKE. PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE SHALL BE FILED ON OR BEFORE 3/12/20. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 03/04/20. 03/04/20 ENTERED AND COPIES E-MAILED.(dmd,) (Entered: 03/04/2020)	RECAP
56	March 12, 2020	RESPONSE in Opposition re 53 MOTION to Strike 52 Notice (Other) filed by QI LI, JOYCE XI, XIAOXING XI. (LIN, SUSAN) (Entered: 03/12/2020)	RECAP
57	March 19, 2020	REPLY to Response to Motion re 53 MOTION to Strike 52 Notice (Other) filed by ANDREW HAUGEN, MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, CHRISTOPHER A. WRAY. (WERNER, PAUL) (Entered: 03/19/2020)	RECAP
58	April 1, 2021	MEMORANDUM SIGNED BY HONORABLE R. BARCLAY SURRICK ON 3/31/21. 4/1/21 ENTERED AND COPIES E-MAILED.(va, ) (Entered: 04/01/2021)	Clearinghouse
59	April 1, 2021	ORDER THAT FBI SPECIAL AGENT ANDREW HAUGENS MOTION (ECF NO. 35 ) IS GRANTED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6), AND PLAINTIFFS CLAIMS AGAINST SPECIAL AGENT HAUGEN ASSERTED IN COUNTS I THROUGH III OF PLAINTIFFS SECOND AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE. THE UNITED STATES MOTION (ECF NO. 34 ) IS GRANTED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1), AND PLAINTIFFS CLAIMS AGAINST THE UNITED STATES ASSERTED IN COUNTS IV THROUGH IX OF PLAINTIFFS SECOND AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 3/31/21. 4/1/21 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 04/01/2021)	RECAP
60	Sept. 17, 2021	Consent MOTION to Certify Final Judgment filed by QI LI, JOYCE XI, XIAOXING XI..(FEINBERG, JONATHAN) (Entered: 09/17/2021)	RECAP
61	Sept. 17, 2021	ORDER THAT PURSUANT TO FRCP 54(B) FINAL JUDGMENT WILL BE ENTERED FOR THE REASONS STATED IN THE COURT'S MEMORANDUM OPINION AND ORDER OF 4/1/21 AS FOLLOWS: WITH RESPECT TO COUNTS I THROUGH III OF THE SECOND AMENDED COMPLAINT, JUDGMENT IS ENTERED FOR DEFENDANT FBI SPECIAL AGENT ANDREW HAUGEN AND AGAINST PLAINTIFF XIAOXING XI; AND WITH RESPECT TO COUNTS IV THROUGH IX OF THE SECOND AMENDED COMPLAINT, JUDGMENT IS ENTERED FOR DEFENDANT UNITED STATES OF AMERICA AND AGAINST PLAINTIFF. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 9/17/21. 9/20/21 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 09/20/2021)	RECAP
62	Sept. 24, 2021	NOTICE OF APPEAL by QI LI, JOYCE XI, XIAOXING XI. Filing fee $ 505, receipt number APAEDC-15430175. Copies to Judge, Clerk USCA, Appeals Clerk and (FEINBERG, JONATHAN) (Entered: 09/24/2021)	RECAP
63	Sept. 27, 2021	NOTICE of Docketing Record on Appeal from USCA re 62 Notice of Appeal (Credit Card Payment) filed by XIAOXING XI, QI LI, JOYCE XI. USCA Case Number 21-2798. (va, ) Modified on 9/30/2021 (va, ). (Entered: 09/28/2021)	RECAP
64	July 17, 2023	ORDER of USCA as to 62 Notice of Appeal (Credit Card Payment) filed by XIAOXING XI, QI LI, JOYCE XI (Attachments: # 1 OPINION)(mas) (Entered: 07/17/2023) 1 OPINION View on RECAP	Clearinghouse
65	July 26, 2023	NOTICE by MICHAEL S. ROGERS, JEFFERSON B. SESSIONS, III, CHRISTOPHER A. WRAY Notice of Supplemental Authority (TULIS, ELIZABETH) (Entered: 07/26/2023)	RECAP
66	Aug. 11, 2023	NOTICE by QI LI, JOYCE XI, XIAOXING XI Response to Notice of Supplemental Authority (FEINBERG, JONATHAN) (Entered: 08/11/2023)	RECAP
67	Aug. 11, 2023	ORDER DENYING 53 MOTION TO STRIKE PLAINTIFF'S 52 NOTICE. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 8/11/23. 8/11/23 ENTERED AND COPIES E-MAILED.(va) (Entered: 08/11/2023)	RECAP
68	Sept. 29, 2023	NOTICE of Appearance by Paul C. Quast on behalf of UNITED STATES OF AMERICA (Quast, Paul) (Entered: 09/29/2023)	RECAP
69	Dec. 20, 2023	Order	RECAP
70	Dec. 9, 2024	Praecipe/Request	RECAP
71	Dec. 9, 2024	Stipulation	RECAP
72	Dec. 26, 2024	Protective Order	RECAP
73	Aug. 27, 2025	Notice of Appearance	RECAP
74	Aug. 29, 2025	Notice of Withdrawal of Appearance	RECAP
75	March 2, 2026	Notice of Appearance	RECAP
76	March 30, 2026	Status Report	RECAP
77	April 14, 2026	Order AND ~Util - Set Deadlines AND ~Util - Set Motion and R&R Deadlines/Hearings	RECAP
78	April 28, 2026	Letter	RECAP
79	May 12, 2026	Letter	RECAP
80	June 24, 2026	Status Report	RECAP

Case: Xi v. Haugen

2:17-cv-02132 | U.S. District Court for the Eastern District of Pennsylvania

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Docket for: XI v. HAUGEN

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