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Case TitleUnion Leader Corporation v. US Department of Homeland Security, US Immigration and Customs Enforcement
DistrictDistrict of New Hampshire
CityConcord
Case Number1:2012cv00134
Date Filed2012-04-04
Date Closed2013-04-18
JudgeJudge Paul J. Barbadoro
PlaintiffUnion Leader Corporation
DefendantUS Department of Homeland Security, US Immigration and Customs Enforcement
AppealFirst Circuit 13-1752
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [16]
Opinion/Order [18]
FOIA Project Annotation: A federal court in New Hampshire has ruled that ICE properly withheld names and addresses of six individuals picked up in New Hampshire during the agency's Operation Cross Check project designed to arrest criminal aliens under Exemption 7(C) (invasion of privacy concerning law enforcement records). While the agency provided information indicating the current status of the six individuals, it refused to disclose their names and addresses. The Union Leader argued that the names should be disclosed because they were public under state law. But the court noted that "states are free to disclose such records if they choose, but the federal government is not bound to follow their lead." The newspaper also argued that disclosure was in the public interest because it would allow the public to find more relevant information. Rejecting this "derivative use" claim, the court pointed out that "the FOIA does not require the government to disclose the names of arrestees under such circumstances." The court added that "nothing prevents the arrestees from identifying themselves, disclosing the fact that they were arrested, or disclosing the circumstances of their arrests. Because the Union Leader has not explained how more would be revealed about the government's conduct during Operation Cross Check if the names and addresses were disclosed. . .any additional information that could be gained from disclosure of the names and addresses is merely speculative and does not outweigh the individuals' privacy interest." (Union Leader Corporation v. U.S. Department of Homeland Security, Civil Action No. 12-cv-134-PB, U.S. District Court for the District of New Hampshire, Apr. 18)
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-04-041NEW CASE/ COMPLAINT. Filing fee $ 350, receipt number 0102-867796 filed by Union Leader Corporation. (Attachments: # 1 Exhibit Fact Sheet, # 2 Exhibit Email, # 3 Exhibit FOIA Request, # 4 Exhibit FOIA Response, # 5 Exhibit FOIA Appeal, # 6 Exhibit FOIA Denial, # 7 Civil Cover Sheet, # 8 Summons - Waiver)(Sullivan, Gregory) (Entered: 04/04/2012)
2012-04-04Case assigned to Judge Paul J. Barbadoro. The case designation is: 12-cv-134-PB. Please show this number with the judge designation on all future pleadings. (amm) (Entered: 04/05/2012)
2012-04-04NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE .(amm) (Entered: 04/05/2012)
2012-04-052Summons Issued Electronically as to US Department of Homeland Security, US Immigration and Customs Enforcement. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed.R.Civ.P.4. (Attachments: # 1 Notice ECF)(amm) (Entered: 04/05/2012)
2012-04-05NOTICE re 1 Complaint - New Case, filed by Union Leader Corporation. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. Union Leader Corporation shall file a disclosure statement by 4/11/2012. Disclosure Statement due 4/11/2012.(amm) (Entered: 04/05/2012)
2012-04-053Disclosure Statement by Union Leader Corporation disclosing parent companies, and merger agreement (Sullivan, Gregory) (Entered: 04/05/2012)
2012-04-06NOTICE of ECF Filing Error re: 3 Disclosure Statement filed by Union Leader Corporation. Documents must be provided in an electronically converted PDF text searchable format in accordance with A.P. 2.3(a). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(mxm) (Entered: 04/06/2012)
2012-05-074Return of Service Executed as to US Department of Homeland Security, US Immigration and Customs Enforcement by Union Leader Corporation. Served/Mailed on 4/30/2012. Answer Follow Up on 5/24/2012.(Sullivan, Gregory) (Entered: 05/07/2012)
2012-05-295ANSWER to 1 Complaint - New Case, filed by US Department of Homeland Security, US Immigration and Customs Enforcement.(McCormack, Michael) (Entered: 05/29/2012)
2012-06-05NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 7/5/2012 10:00 AM before Magistrate Judge Landya B. McCafferty. Follow up on Discovery Plan 6/28/2012. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad) (Entered: 06/05/2012)
2012-06-286Proposed Discovery Plan filed by US Department of Homeland Security, US Immigration and Customs Enforcement. (McCormack, Michael) (Entered: 06/28/2012)
2012-06-29ENDORSED ORDER approving 6 Discovery Plan. Length of Trial 1 day. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. Text of Order: Approved and adopted as a pretrial scheduling order. Trial: Two-week trial period beginning July 9, 2013. In light of the court's approval of the parties' proposed discovery plan, the pretrial conference currently scheduled to occur on July 5, 2012, is cancelled. So Ordered by Magistrate Judge Landya B. McCafferty. Defendant's Summary Judgment Motions due by 10/30/2012. Plaintiff's Summary Motion Filing Deadline 11/30/2012. Mediation Follow Up on 3/5/2013.(mm) (Entered: 06/29/2012)
2012-06-29TRIAL NOTICE: LR 16.2(d) Objections due 6/24/13.. Bench Trial set for the two-week period beginning 7/9/2013 09:30 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set for 6/27/2013 03:00 PM before Judge Paul J. Barbadoro. Pretrial Statements due 6/10/2013. (mm) (Entered: 06/29/2012)
2012-10-297MOTION to Dismiss or, in the alternative, for Summary Judgment filed by US Department of Homeland Security, US Immigration and Customs Enforcement. Follow up on Objection on 11/16/2012. (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) 1 - Declaration of Ryan Law, # 3 Exhibit A to Declaration (Vaughn Index), # 4 Exhibit B to Declaration (Letter dated February 29, 2012), # 5 Exhibit C to Declaration (Letter dated March 9, 2012), # 6 Exhibit D to Declaration (Letter dated March 14, 2012), # 7 Exhibit E to Declaration (Letter dated March 22, 2012), # 8 Exhibit F to Declaration (Letter dated March 28, 2012))(McCormack, Michael) (Entered: 10/29/2012)
2012-11-168OBJECTION to 7 MOTION to Dismiss or, in the alternative, for Summary Judgment and Cross Motion for Summary Judgment filed by Union Leader Corporation. (Attachments: # 1 Memorandum of Law)(Sullivan, Gregory) (Entered: 11/16/2012)
2012-11-19Notice of Intent to Reply to Objection to 7 MOTION to Dismiss or, in the alternative, for Summary Judgment . Follow up on Reply on 12/6/2012.(mxm) (Entered: 11/19/2012)
2012-11-239Assented to MOTION to Extend Time to Reply to Plaintiff's Objection to Motion to Dismiss or for Summary Judgment to December 17, 2012 filed by US Department of Homeland Security, US Immigration and Customs Enforcement.(McCormack, Michael) (Entered: 11/23/2012)
2012-11-26ENDORSED ORDER granting 9 Motion to Extend Time to Reply to Motion to Dismiss. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. Follow up on Reply on 12/17/2012.(jna) (Entered: 11/26/2012)
2012-12-1710REPLY to Objection to Motion re 7 MOTION to Dismiss or, in the alternative, for Summary Judgment filed by US Department of Homeland Security, US Immigration and Customs Enforcement. (McCormack, Michael) (Entered: 12/17/2012)
2012-12-1711Objection to 8 Objection to Motion and Cross Motion for Summary Judgment filed by US Department of Homeland Security, US Immigration and Customs Enforcement. (McCormack, Michael) (Entered: 12/17/2012)
2012-12-1712BRIEF/MEMORANDUM re 11 Objection to to Plaintiff's Motion to Dismiss and Reply to Plaintiff's Objection to Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment by US Department of Homeland Security, US Immigration and Customs Enforcement (Attachments: # 1 Exhibit (Affidavit) 1 - Declaration of Ryan Law, # 2 Attachment to Exhibit 1-A Plaintiff's FOIA Request, # 3 Attachment to Exhibit 1-B ICE's 3/9/12 Response Letter, # 4 Attachment to Exhibit 1-C Plaintiff's 3/14/12 Appeal)(McCormack, Michael) (Entered: 12/17/2012)
2012-12-3113Assented to MOTION for Leave to File Reply to Objection filed by Union Leader Corporation. (Attachments: # 1 Exhibit Reply to Objection)(Sullivan, Gregory) (Entered: 12/31/2012)
2013-01-02ENDORSED ORDER granting 13 Motion for Leave to File Reply.. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Paul J. Barbadoro. Miscellaneous Deadline set for 1/7/2013.(jna) (Entered: 01/02/2013)
2013-01-0214REPLY to Objection to Motion re 7 MOTION to Dismiss or, in the alternative, for Summary Judgment filed by Union Leader Corporation. (Sullivan, Gregory) (Entered: 01/02/2013)
2013-02-28NOTICE of Hearing re: 7 MOTION to Dismiss or, in the alternative, for Summary Judgment , 8 Objection to Motion or in the alternative cross motion for summary judgment. Oral Argument set for 4/15/2013 03:00 PM before Judge Paul J. Barbadoro.(mm) (Entered: 02/28/2013)
2013-03-0515Joint Mediation Statement: mediation not appropriate (Sullivan, Gregory) (Entered: 03/05/2013)
2013-04-15Minute Entry for proceedings held before Judge Paul J. Barbadoro. ORAL ARGUMENT held on 4/15/2013 re: Motions to dismiss or in the alternative for summary judgment. Motions taken un der advisement, Judge encourages USA to voluntarily provide the information, Order to issue (Court Reporter: Susan Bateman) (Pltfs Atty: Gregory Sullivan) (Defts Atty: Michael McCormack)(Total Hearing Time: 1:10) (mxm) (Entered: 04/16/2013)
2013-04-1816ORDER denying Union Leader's 8 Objection to Motion or in the alternative cross motion for summary judgment and granting ICE's 7 Motion to Dismiss or in the alternative Motion for Summary Judgment. So Ordered by Judge Paul J. Barbadoro.(mm) (Entered: 04/18/2013)
2013-04-1817JUDGMENT is hereby entered in accordance with 16 Order,. Signed by Clerk James R. Starr. (Case Closed) (mm) (Entered: 04/19/2013)
2013-04-1818CORRECTED ORDER denying the Union Leaders 8 objection and cross motion for summary judgment and granting ICE's motion to dismiss or in the alternative for summary judgment 7 Motion to Dismiss. So Ordered by Judge Paul J. Barbadoro.(correcting the Opinion no.)(mm) (Entered: 04/19/2013)
2013-06-1019NOTICE OF APPEAL as to 16 Order, by Union Leader Corporation.( Filing fee $ 455, receipt number 0102-1003600.) [NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the Forms & Notices section of the First Circuit website at www.ca1.uscourts.gov, MUST be completed and submitted to the U.S. Court of Appeals for the First Circuit.] NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/ . Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm Designation of Exhibits Deadline set for 7/15/2013.(Sullivan, Gregory) (Entered: 06/10/2013)
2013-06-1020Appeal Cover Sheet as to 19 Notice of Appeal filed by Union Leader Corporation (mm) (Entered: 06/10/2013)
2013-06-1021Clerk's Certificate transmitting Record on Appeal to US Court of Appeals, documents numbered 16, 19-21, re 19 Notice of Appeal. A copy of the Notice of Appeal mailed to all parties this date.(mm) (Entered: 06/10/2013)
2013-06-11Appellate Case Number: USCA 13-1752 re 19 Notice of Appeal,,, filed by Union Leader Corporation.(mm) (Entered: 06/11/2013)
2013-06-2122Transcript Report Order Form by Union Leader Corporation(Sullivan, Gregory) (Entered: 06/21/2013)
2013-07-1923TRANSCRIPT of Proceedings for Oral Argument before Judge Barbadoro held on 4/15/13. Court of Appeals Docket Number 13-1752. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number. NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 8/12/2013. Redacted Transcript Follow Up 8/22/2013. Release of Transcript Restriction set for 10/18/2013.(mm) (Entered: 07/19/2013)
2014-04-1824OPINION of USCA as to 19 Notice of Appeal, filed by Union Leader Corporation. Reversed in part the district court's order granting ICE's motion for summary judgment and remanded for further proceedings.(vln) (Entered: 04/21/2014)
2014-04-1825USCA JUDGMENT as to 19 Notice of Appeal, filed by Union Leader Corporation. Thedistrict court's order granting the defendant-appellee's motion for summary judgment is reversed inpart, and the matter is remanded to the district court for further proceedings(vln) (Entered: 04/21/2014)
2014-07-1726MANDATE of USCA as to 19 Notice of Appeal,,, filed by Union Leader Corporation, 25 Judgment, Remanded.( Appeal Record follow-up for return of record from USCA by 8/21/2014.)(mm) (Entered: 07/18/2014)
2014-09-19NOTICE of Hearing. Status Conference set for 9/30/2014 11:00 AM before Judge Paul J. Barbadoro.(mxm) (Entered: 09/19/2014)
2014-09-1927MOTION to Continue Status Conference filed by Union Leader Corporation. Follow up on Objection on 10/6/2014. (Attachments: # 1 Exhibit (Affidavit))(Sullivan, Gregory) (Entered: 09/19/2014)
2014-09-19ENDORSED ORDER granting 27 Motion to Continue Status Conference. Text of Order: Granted. Counsel shall confer and provide the court with a date suitable to all parties. So Ordered by Judge Paul J. Barbadoro.(jna) (Entered: 09/19/2014)
2014-09-19Reset Hearing(s): Status Conference set for 10/6/2014 11:00 AM before Judge Paul J. Barbadoro. (mm) (Entered: 09/19/2014)
2014-10-06Minute Entry for proceedings held before Judge Paul J. Barbadoro. STATUS CONFERENCE held on 10/6/2014. No documents have been provided yet, USA will most likely give plaintiff papers tomorrow, parties will work things out without further court involvement (Court Reporter: Susan Bateman) (Pltfs Atty: Gregory Sulllivan) (Defts Atty: Michael McCormack)(Total Hearing Time:.8) (mxm) (Entered: 10/06/2014)
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by FOIA Project Staff