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Case TitleLONG et al v. IMMIGRATION AND CUSTOMS ENFORCEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00109
Date Filed2014-01-29
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffSUSAN B. LONG
PlaintiffDAVID BURNHAM
Case DescriptionSusan Long and David Burnham, co-directors of the Transactional Records Access Clearinghouse, submitted requests to Immigration and Customs Enforcement and Customs and Border Protection for technical data related to databases maintained by ICE and CBP and for database records. For several of the requests, the agencies found responsive records, but withheld portions of them under Exemption 7(E) (investigative methods and techniques), as well as under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). For other requests, the agencies failed to respond. TRAC appealed the denials, but after hearing nothing further, TRAC filed suit.
Complaint issues: Exemption 7(E) - Investigative methods or techniques, Adequacy - Search, Failure to respond within statutory time limit

DefendantIMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantCUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [29]
FOIA Project Annotation: The public interest organization TRAC, housed at Syracuse University, has been dealt a severe blow in its attempts to access large quantities of agency data that it, in turn, uses to analyze government operations, by a ruling by Judge Amit Mehta finding that disclosure of several databases at the Department of Homeland Security would be too burdensome for the agency. The case explores agencies' obligations under FOIA to provide such massive amounts of data when to do so would cause serious disruptions in the agency's normal FOIA processes, either by requiring the agency to manipulate its databases in ways that it does not usually do or by presenting practically insurmountable problems in redacting data that is legitimately exempt. The case involved seven requests submitted by TRAC. Two requests asked for documentation related to several databases used by Immigration and Customs Enforcementâ€"the Enforcement Integrated Database, which includes information related to the investigation, arrest, booking, detention, and removal of individuals, and the Integrated Decision Support Database, a subset of the EID database that provides a continuously updated snapshot of certain EID data. In response to those two requests, ICE produced 97 pages and withheld the remaining responsive documents. The other five requests were for snapshots of data from the EID database. Two requests were sent to ICE. One request asked for information about actual snapshots of data extracted from the EID database, including how those snapshots were prepared and who was responsible for preparing the snapshots. The second request asked for a snapshot of the ENFORCE, which allows the agency to create, modify and access data stored in the EID database. TRAC next sent a request to Customs and Border Protection for a snapshot of EID data prepared for that agency. TRAC's final requests to ICE asked for a snapshot of the EID database prepared for the EARM Data Mart. The other request went to both ICE and CBP and asked for a snapshot of the EID data prepared for EID Data Mart. Both the EARM Datamart and the EID Datamart are subsets of data from the EID database pertaining to individuals involved in removal proceedings. In response to TRAC's request about how snapshots from the EID database were prepared, the agency disclosed nine pages redacted under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). The agency did not respond to the requests for actual snapshots of data. By the time the case got to court, the agency asserted information related to the databases was protected by Exemption 3 (other statutes), Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 7(E). The agency also told Mehta that "the snapshots Plaintiff requested were not retained for the date ranges of the subject FOIA requests,. . .the requested information could not be produced with the technology currently in the Agency's possession and. . . even if the information could be produced, Defendants were not capable of redacting the information." The agency primarily relied on Exemption 7(E) for withholding the records about the structure of the database. TRAC argued the databases were not created for law enforcement purposes, a proposition Mehta quickly rejected. He noted that "plaintiffs concede that Defendants use the EID and IIDS databases for law enforcement purposesâ€"to assist ICE and CBP with deporting people unlawfully in the United States, to arrest those who violate federal immigration laws, and to track investigations and court proceedings of those apprehended. Thus, records concerning how these databases are constructed and how they operateâ€"like the data itselfâ€"clearly have a rational 'nexus' to Defendants' law enforcement duties." He added that "these are not the kind of records compiled for generalized snooping of individuals' lives, but were prepared to effectuate the agencies' law enforcement responsibilities." Mehta then explained that the D.C. Circuit's decision in Blackwell v. FBI, 646 F.3d 37 (D.C. Cir. 2011), finding that methods of data collection could be protected under Exemption 7(E), meant that the DHS databases qualified for the exemption as well. He observed that "Blackwell [and similar district court rulings] teach that internal database codes, fields, and other types of identifiers used by law enforcement agencies to conduct, organize, and manage investigations and prosecutions qualify, at least, as law enforcement guidelines, if not also law enforcement methods and techniques." Mehta found TRAC offered its strongest argument as to why Exemption 7(E) did not apply when it came to the agency's claim that disclosure of database information could risk circumvention of law by allowing hackers to get into the databases. TRAC argued that "an unlawful cyber-attack cannot serve as a basis for withholding EID and IIDS metadata and database schema because such information, if disclosed, does not risk circumvention of the laws enforced by Defendants." But Mehta found that interpretation too narrow, noting that 'Congress did not qualify or modify 'the law' in any way to circumscribe the types of laws that might be violated in the event of disclosure for Exemption 7(E) to apply. Thus, a plain reading of the statute does not support Plaintiff's interpretation." However, Mehta was more convinced by TRAC's argument that a cyber-attack was not a credible threat because such an attack would require a publicly accessible interface with the EID or IIDS systems and such an outside interface did not exist. The agency pointed to an attack on Home Depot's database, but TRAC responded that attack was accomplished by gaining access through a point-of-sale machine, a scenario that did not exist here. Mehta indicated that the agency's burden for showing a risk of circumvention was quite low and observed that "judges are not cyber specialists and it would be the height of judicial irresponsibility for a court to blithely disregard such a claimed risk." Nevertheless, Mehta found the agency had not yet met the low bar for showing a risk of circumvention. He pointed out that "the court is left unconvinced, at this juncture, that the sole risk of circumvention of the law claimed by Defendantsâ€"SQL injection attackâ€"would be increased if the requested metadata and database schema were disclosed." He ordered the agency to supplement the record on the issue. Alternatively, the agency claimed the database information was protected by the Federal Information Security Management Act. Unfortunately for the agency, Mehta observed that statute was repealed entirely on December 18, 2014 while the litigation was pending and was replaced by the Federal Information Security Modernization Act of 2014, which, Mehta noted, did not qualify as an Exemption 3 statute because it did not cite to FOIA as required by the OPEN FOIA Act and because it did not alter agencies' FOIA obligations. Turning to TRAC's requests for snapshots, Mehta agreed with the agency that it did not have the technological ability to comply with the requests. Mehta observed that "Defendants have demonstrated that producing and redacting the requested snapshots would be unduly burdensome. The agency argued that the kind of snapshots requested by TRAC did not exist and that to create them would require programming that might run into the millions of dollars. Further, "even if Defendants could replicate the snapshot for production, they would face tremendous challenges in redacting sensitive personal and law enforcement material, which even Plaintiffs concede are subject to valid FOIA exemptions. The tables available in the EID consist of more than 6.7 billion rows of data, with the total amount of information contained within the EID exceeding five terabytes." TRAC submitted an affidavit from its own software engineer who indicated that commercial software provided significant ability to extract data and that the agency's cost estimate appeared overblown. But Mehta noted that "although [TRAC's declaration] raises some questions about whether the snapshots are indeed readily reproducible and redactable, the court ultimately finds those questions insufficient to create a genuine dispute of material fact that would preclude summary judgment in Defendants' favor. FOIA requires courts to 'accord substantial weight to an affidavit of an agency concerning the agency's determination as to technical feasibility. . .Plaintiff's declarant, though an expert in the field of database systems and management, has not offered any evidence that specifically rebuts [the agency's] assertions about the agencies' present technological capabilities as to the EID database and associated datamarts or regarding the burden that reproduction and redaction of the snapshots would impose on them. . .But once, as here, an agency has proffered a declaration as to the technical feasibility and reproducibility of a records requestâ€"which, by statute, must be accorded substantial weightâ€"a plaintiff must offer more than generalities about technical capabilities of generic systems to overcome or raise questions about that declaration." TRAC's last argument was that disclosing the snapshots could not be that complex because ICE had provided similar snapshots to TRAC in response to previous requests. The agency argued that TRAC's current requests "are meaningfully different in scope and scale. Whereas Plaintiffs' previous, fulfilled requests sought specific information contained in the snapshots, the present requests seek the snapshots in their entirety." Mehta agreed, noting that "a request for a snapshot of the entire database is 'vastly different' from Plaintiffs' previous requests and, as a consequence, the manner in which ICE responded to the prior requests is 'wholly inadequate for responding to a request for all the data replicated at unspecified points in time into other datamarts.'. . .Plaintiffs have not offered any evidence specific to the databases at issue here that rebuts those contentions."
Issues: Choice of format - Burdensome, Exemption 7(E) - Investigative methods or techniques, Exemption 7(E) - Prosecutorial guidelines - Risk of circumvention, Exemption 3 - Provision must cite to FOIA
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-291COMPLAINT against CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-3605500) filed by SUSAN B. LONG, DAVID BURNHAM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons United States Attorney, # 4 Summons Immigrations & Customs Enforcement, # 5 Summons Customs & Border Protection)(Patterson, Jehan) (Entered: 01/29/2014)
2014-01-29Case Assigned to Judge John D. Bates. (kb) (Entered: 01/29/2014)
2014-01-292ELECTRONIC SUMMONS (4) Issued as to CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 01/29/2014)
2014-02-173RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/30/2014. Answer due for ALL FEDERAL DEFENDANTS by 3/1/2014. (Patterson, Jehan) (Entered: 02/17/2014)
2014-02-254Consent MOTION for Extension of Time to File Answer re 1 Complaint, by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 02/25/2014)
2014-02-25MINUTE ORDER: Upon consideration of 4 the government's consent motion for an extension, and the entire record herein; it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the government shall answer or otherwise respond to 1 plaintiffs' complaint by not later than April 2, 2014. SO ORDERED. Signed by Judge John D. Bates on 2/25/2014. (lcjdb1) (Entered: 02/25/2014)
2014-02-27Set/Reset Deadlines: Answer due by 4/2/2014. (tb, ) (Entered: 02/27/2014)
2014-04-025ANSWER to Complaint by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT.(Ross, Carl) (Entered: 04/02/2014)
2014-04-036ORDER setting schedule. See text of Order for details. Signed by Judge John D. Bates on 4/3/2014. (lcjdb1) (Entered: 04/03/2014)
2014-04-04Set/Reset Deadlines: Proposed Briefing Schedule due by 4/24/2014. (tb, ) (Entered: 04/04/2014)
2014-04-247Consent MOTION for Extension of Time to File by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 04/24/2014)
2014-04-25MINUTE ORDER: Upon consideration of 7 defendants' consent motion for an extension, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file a joint proposed briefing schedule (or separate proposals, if they cannot agree) by not later than April 28, 2014. SO ORDERED. Signed by Judge John D. Bates on 4/25/2014. (lcjdb1) (Entered: 04/25/2014)
2014-04-28Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 4/28/2014. (tb, ) (Entered: 04/28/2014)
2014-04-288Joint MOTION for Briefing Schedule by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Patterson, Jehan) (Entered: 04/28/2014)
2014-04-289ORDER granting 8 the parties' joint motion for a briefing schedule. See text of Order for details. Signed by Judge John D. Bates on 4/28/2014. (lcjdb1) (Entered: 04/28/2014)
2014-04-28Set/Reset Deadlines: Cross Motions due by 10/3/2014. Response to Cross Motions due by 11/3/2014. Reply to Cross Motions due by 12/3/2014. Summary Judgment motions due by 8/18/2014. Response to Motion for Summary Judgment due by 10/3/2014. Reply to Motion for Summary Judgment due by 11/3/2014. Vaughn Index due by 6/18/2014, (tb, ) (Entered: 04/28/2014)
2014-06-1810Vaughn Index Notice of Filing of Vaughn Index . (Attachments: # 1 Vaughn Index)(Ross, Carl) (Entered: 06/18/2014)
2014-07-1711Joint MOTION for Scheduling Order by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Patterson, Jehan) (Entered: 07/17/2014)
2014-07-18MINUTE ORDER: Upon consideration of 11 the parties' joint motion to amend the briefing schedule in this case, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants shall supplement their Vaughn index and, if applicable, their non-exempt disclosures by not later than August 5, 2014; it is further ORDERED that defendants' motion for summary judgment shall be filed by not later than August 25, 2014; it is further ORDERED that plaintiffs' opposition and cross-motion for summary judgment shall be filed by not later than October 10, 2014; it is further ORDERED that defendants' opposition and reply shall be filed by not later than November 10, 2014; and it is further ORDERED that plaintiffs' reply shall be filed by not later than December 10, 2014. SO ORDERED. Signed by Judge John D. Bates on July 18, 2014. (lcjdb1) (Entered: 07/18/2014)
2014-07-21Set/Reset Deadlines: Cross Motions due by 10/10/2014. Response to Cross Motions due by 11/10/2014. Reply to Cross Motions due by 12/10/2014. Summary Judgment motions due by 8/25/2014. Response to Motion for Summary Judgment due by 10/10/2014. Reply to Motion for Summary Judgment due by 11/10/2014. Vaughn Index due by 8/5/2014, (tb, ) (Entered: 07/21/2014)
2014-08-0412Consent MOTION for Extension of Time to File by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 08/04/2014)
2014-08-04MINUTE ORDER: Upon consideration of 12 defendants' consent motion for an extension, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendants shall file a supplemental Vaughn Index by not later than August 12, 2014. SO ORDERED. Signed by Judge John D. Bates on August 4, 2014. (lcjdb1) (Entered: 08/04/2014)
2014-08-05Set/Reset Deadline: Defendants shall file a Supplemental Vaughn Index by 8/12/2014. (jth) (Entered: 08/05/2014)
2014-08-1213Vaughn Index Supplemental Vaughn Index . (Attachments: # 1 Supplemental Vaughn Index)(Ross, Carl) (Entered: 08/12/2014)
2014-08-2214Consent MOTION for Extension of Time to File by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 08/22/2014)
2014-08-25MINUTE ORDER: Upon consideration of 14 defendants' consent motion for an extension, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants shall file their motion for summary judgment by not later than September 29, 2014; it is further ORDERED that plaintiffs shall file their opposition and cross-motion for summary judgment by not later than November 3, 2014; it is further ORDERED that defendants shall file their opposition and reply by not later than December 12, 2014; and it is further ORDERED that plaintiffs shall file their reply by not later than January 12, 2015. SO ORDERED. Signed by Judge John D. Bates on August 25, 2014. (lcjdb1) (Entered: 08/25/2014)
2014-08-25Set/Reset Deadlines: Cross Motions due by 11/3/2014. Response to Cross Motions due by 12/12/2014. Reply to Cross Motions due by 1/12/2015. Summary Judgment motions due by 9/29/2014. Response to Motion for Summary Judgment due by 11/3/2014. Reply to Motion for Summary Judgment due by 12/12/2015. (tb, ) (Entered: 08/25/2014)
2014-09-2615Consent MOTION for Extension of Time to File by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/26/2014)
2014-09-26MINUTE ORDER: Upon consideration of 15 defendants' consent motion for an extension, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants shall file their motion for summary judgment by not later than October 2, 2014; it is further ORDERED that plaintiffs shall file their opposition and cross-motion for summary judgment by not later than November 6, 2014; it is further ORDERED that defendants shall file their opposition and reply by not later than December 15, 2014; and it is further ORDERED that plaintiffs shall file their reply by not later than January 15, 2015. SO ORDERED. Signed by Judge John D. Bates on 9/26/14. (lcjdb1) (Entered: 09/26/2014)
2014-09-30Set/Reset Deadlines: Defendants Motion for Summary Judgment is due by 10/2/2014; Plaintiffs Opposition and Cross-Motion for Summary Judgment is due by 11/6/2014; Defendants Cross-Opposition and Reply is due by 12/15/2014; Plaintiffs Cross-Reply is due by 1/15/2015. (jth) (Entered: 09/30/2014)
2014-10-0116Consent MOTION for Extension of Time to File by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 10/01/2014)
2014-10-01MINUTE ORDER: Upon consideration of 16 defendants' consent motion for an extension, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants shall file their motion for summary judgment by not later than October 9, 2014; it is further ORDERED that plaintiffs shall file their opposition and cross-motion for summary judgment by not later than November 13, 2014; it is further ORDERED that defendants shall file their opposition and reply by not later than December 22, 2014; and it is further ORDERED that plaintiffs shall file their reply by not later than January 22, 2015. SO ORDERED. Signed by Judge John D. Bates on 10/1/14. (lcjdb1) (Entered: 10/01/2014)
2014-10-03Set/Reset Deadlines: Cross Motions due by 11/13/2014. Response to Cross Motions due by 12/22/2014. Reply to Cross Motions due by 1/22/2015. Summary Judgment motions due by 10/9/2014. Response to Motion for Summary Judgment due by 11/13/2014. Reply to Motion for Summary Judgment due by 12/22/2014. (tb, ) (Entered: 10/03/2014)
2014-10-0917MOTION for Summary Judgment by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Attachments 1 - 26 to Exhibit 2, # 4 Attachment 27 to Exhibit 2, # 5 Attachment 28 to Exhibit 2, # 6 Exhibit 3, # 7 Text of Proposed Order)(Ross, Carl) (Entered: 10/09/2014)
2014-11-1318Cross MOTION for Summary Judgment by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Declaration of Jehan A. Patterson, # 2 Declaration of Susan B. Long, # 3 Declaration of Paul C. Clark, # 4 Declaration of Michael Hasan, # 5 Text of Proposed Order)(Patterson, Jehan) (Entered: 11/13/2014)
2014-11-1319Memorandum in opposition to re 17 MOTION for Summary Judgment filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Declaration of Jehan A. Patterson, # 2 Declaration of Susan B. Long, # 3 Declaration of Paul C. Clark, # 4 Declaration of Michael Hasan, # 5 Text of Proposed Order)(Patterson, Jehan) (Entered: 11/13/2014)
2014-12-1920Consent MOTION for Extension of Time to File Response/Reply as to 18 Cross MOTION for Summary Judgment , 17 MOTION for Summary Judgment by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 12/19/2014)
2014-12-22MINUTE ORDER: Upon consideration of 20 defendants' consent motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants shall file any opposition to plaintiffs' cross-motion for summary judgment by not later than January 12, 2015; and it is further ORDERED that plaintiffs shall file any reply to defendants' opposition by not later than February 27, 2015. SO ORDERED. Signed by Judge John D. Bates on 12/22/2014. (lcjdb4) (Entered: 12/22/2014)
2014-12-24Case randomly reassigned to Judge Amit P. Mehta. Judge John D. Bates no longer assigned to the case. (gt, ) (Entered: 12/24/2014)
2014-12-30Set/Reset Deadlines: Defendants shall file their Reply in support of their Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment by 1/12/2015; Plaintiffs shall file any Reply in support of their Cross-Motion for Summary Judgment by 2/27/2015. (jth) (Entered: 12/30/2014)
2015-01-0921NOTICE of Appearance by Scott Lawrence Nelson on behalf of All Plaintiffs (Nelson, Scott) (Entered: 01/09/2015)
2015-01-1222Consent MOTION for Extension of Time to File Response/Reply as to 18 Cross MOTION for Summary Judgment , 17 MOTION for Summary Judgment by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 01/12/2015)
2015-01-1423Consent MOTION for Extension of Time to File Response/Reply as to 18 Cross MOTION for Summary Judgment , 17 MOTION for Summary Judgment by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 01/14/2015)
2015-01-2824Vaughn Index Supplemental Vaughn Index . (Attachments: # 1 Vaughn Index, # 2 Vaughn Index)(Ross, Carl) (Entered: 01/28/2015)
2015-01-2825Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit 1 - Wilson Supp Decl, # 2 Exhibit to Wilson Decl, # 3 Exhibit 2 - Pineiro Supp Decl, # 4 Exhibit to Pineiro Decl, # 5 Exhibit to Pineiro Decl, # 6 Response to Pl Statement of Facts, # 7 Def Statement of Facts)(Ross, Carl) (Entered: 01/28/2015)
2015-02-04MINUTE ORDER granting, nunc pro tunc to January 12, 2015, 22 Consent Motion for Extension of Time to File Response/Reply; and nunc pro tunc to January 14, 2015, 23 Consent Motion for Extension of Time to File Response/Reply. Defendant's 25 Memorandum in Opposition that was filed on January 28, 2015 shall be considered timely. It is further ordered that Plaintiffs' Reply is to be filed on or before March 16, 2015. Signed by Judge Amit P. Mehta on 02/04/2015. (lcapm1) (Entered: 02/04/2015)
2015-03-1026Consent MOTION for Extension of Time to File Response/Reply Reply in Support of Cross-Motion for Summary Judgment by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Nelson, Scott) (Entered: 03/10/2015)
2015-03-12MINUTE ORDER granting 26 Consent Motion for Extension of Time to File Response/Reply. It is further ordered that Plaintiffs' Reply in Support of Plaintiffs' Cross-Motion for Summary Judgment is to be filed on or before March 30, 2015. Signed by Judge Amit P. Mehta on 03/12/2015. (lcapm1) (Entered: 03/12/2015)
2015-03-12ENTERED IN ERROR.....MINUTE ORDER vacating the initial scheduling conference previously set for 03/12/2015. Signed by Judge Amit P. Mehta on 03/12/2015. (lcapm1) Modified on 3/12/2015 (tth). (Entered: 03/12/2015)
2015-03-12Set/Reset Deadlines: Reply to Cross Motions due by 3/30/2015. (sm) (Entered: 03/12/2015)
2015-03-12NOTICE OF CORRECTED DOCKET ENTRY: re MINUTE ORDER was entered in error. (tth) (Entered: 03/12/2015)
2015-03-3027REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Declaration Second Declaration of Susan B. Long, # 2 Declaration Second Declaration of Paul Clark, # 3 Declaration Second Declaration of Michael Hasan, # 4 Statement of Facts Response to Defendants' Statement of Facts)(Nelson, Scott) (Entered: 03/30/2015)
2015-10-2028NOTICE OF WITHDRAWAL OF APPEARANCE as to DAVID BURNHAM, SUSAN B. LONG. Attorney Jehan A. Patterson terminated. (Patterson, Jehan) (Entered: 10/20/2015)
2015-10-20Set/Reset Deadlines/Hearings: Oral Argument re 17 , 18 Cross Motions for Summary Judgment set for 10/28/2015 at 2:00 PM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 10/20/2015)
2015-10-28Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 10/28/2015 re 17 18 Cross Motions for Summary Judgment. Motions heard and taken under advisement. (Court Reporter: Barbara DeVico) (cdw) (Entered: 10/28/2015)
2015-12-1429MEMRORANDUM OPINION AND ORDER granting in part and denying in part 17 Defendants' Motion for Summary Judgment and granting in part and denying in part 18 Plaintiffs' Cross-Motion for Summary Judgment. It is further ordered that, within 30 days of this date, Defendants shall be permitted to supplement their summary judgment briefing with additional evidence that supports their assertions that (1) disclosure of metadata and database schema "could reasonably be expected to risk circumvention of the law" under Exemption 7(E) and (2) they have conducted an adequate search for records in response to FOIA Request III. Thereafter, within seven days, Plaintiffs shall notify the court if they intend to challenge the newly submitted evidence, and if so, the parties shall propose a briefing schedule. Signed by Judge Amit P. Mehta on 12/14/2015. (lcapm2) (Entered: 12/14/2015)
2016-01-1330Consent MOTION for Extension of Time to submit supplemental evidence by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 01/13/2016)
2016-01-14MINUTE ORDER granting 30 Motion for Extension of Time to Submit Supplemental Evidence. It is further ordered that Defendants shall submit supplemental evidence in support of Defendants' Motion for Summary Judgment on or before January 20, 2016. Signed by Judge Amit P. Mehta on 01/14/2016. (lcapm1) (Entered: 01/14/2016)
2016-01-14Set/Reset Deadlines/Hearings: Defendants' Supplemental evidence due by 1/20/2016. (cdw) (Entered: 01/15/2016)
2016-01-1931Consent MOTION for Extension of Time to Comply with the Court's December 14, 2015 Order by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 01/19/2016)
2016-01-20MINUTE ORDER granting 31 Defendants' Consent Motion for Extension of Time. Defendants shall submit supplemental evidence in support of their Motion for Summary Judgment on or before February 2, 2016. The court further orders that, on or before February 17, 2016, Plaintiffs shall notify the court if they intend to challenge the newly submitted evidence, and if so, the parties shall propose a briefing schedule. Signed by Judge Amit P. Mehta on 01/20/2016. (lcapm2) (Entered: 01/20/2016)
2016-01-21Set/Reset Deadlines: Defendants shall submit supplemental evidence in support of their Motion for Summary Judgment by 2/2/2016. Plaintiffs shall notify the court by 2/17/2016 if they intend to challenge the newly submitted evidence, and if so, the parties shall propose a briefing schedule. (jth) (Entered: 01/21/2016)
2016-02-0232NOTICE of Supplemental Evidence by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT re 29 Memorandum & Opinion,,, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ross, Carl) (Entered: 02/02/2016)
2016-02-1733Joint MOTION for Briefing Schedule Joint Motion for Supplemental Briefing Schedule by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 02/17/2016)
2016-02-18MINUTE ORDER granting 33 Joint Motion for Supplemental Briefing Schedule. Defendants shall file their supplemental memorandum on or before March 18, 2016; Plaintiffs shall file their supplemental memorandum and any supporting materials on or before April 18, 2016; and Defendants shall file any reply on or before May 9, 2016. Signed by Judge Amit P. Mehta on 02/18/2016. (lcapm2) (Entered: 02/18/2016)
2016-02-19Set/Reset Deadlines: Defendants' Supplemental Brief due by 3/18/2016. Plaintiffs' Supplemental Brief due by 4/18/2016. Defendants' Replies due by 5/9/2016. (zmm) (Entered: 02/19/2016)
2016-03-1734Consent MOTION for Extension of Time to File by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 03/17/2016)
2016-03-18MINUTE ORDER granting 34 Defendants' Consent Motion for Extension of Time and setting the following schedule for further proceedings: Defendants shall file their supplemental memorandum on or before April 1, 2016; Plaintiffs shall file their supplemental memorandum and any supporting materials on or before May 2, 2016; Defendants shall file their reply to Plaintiffs' supplemental memorandum, if any, on or before May 23, 2016. Signed by Judge Amit P. Mehta on 03/18/2016. (lcapm2) (Entered: 03/18/2016)
2016-03-18Set/Reset Deadlines/Hearings: Defendants supplemental memorandum due by 4/1/2016. Plaintiffs supplemental memorandum due by 5/2/2016. Defendants reply due by 5/23/2016. (cdw) (Entered: 03/18/2016)
2016-04-0135SUPPLEMENTAL MEMORANDUM to re 17 MOTION for Summary Judgment filed by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Ross, Carl) (Entered: 04/01/2016)
2016-04-0142MOTION for Summary Judgment by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (To view document see docket entry 35 )(zrdj) (Entered: 01/26/2017)
2016-04-2236Consent MOTION for Extension of Time to File Response/Reply to Defendants' Supplemental Brief by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Nelson, Scott) (Entered: 04/22/2016)
2016-04-25MINUTE ORDER granting 36 Consent Motion for Extension of Time to File Response/Reply. It is further ordered that Plaintiffs shall file their supplemental memorandum and any supporting materials on or before May 20, 2016; and Defendants shall file their reply to Plaintiffs' supplemental memorandum, if any, on or before June 10, 2016. Signed by Judge Amit P. Mehta on 04/25/2016. (lcapm1) (Entered: 04/25/2016)
2016-04-26Set/Reset Deadlines: Plaintiffs' Supplemental Brief due by 5/20/2016. Reply due by 6/10/2016. (zmm) (Entered: 04/26/2016)
2016-05-2037SUPPLEMENTAL MEMORANDUM to re 35 Supplemental Memorandum filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Declaration Third Declaration of Susan B. Long, # 2 Declaration Third Declaration of Paul Clark)(Nelson, Scott) (Entered: 05/20/2016)
2016-06-0938Consent MOTION for Extension of Time to File Response/Reply by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 06/09/2016)
2016-06-10MINUTE ORDER granting 38 Defendants' Consent Motion for Extension of Time. Defendant shall file its Reply in Support of its Supplemental Memorandum on or before June 24, 2016. Signed by Judge Amit P. Mehta on 06/10/2016. (lcapm2) (Entered: 06/10/2016)
2016-06-2439Consent MOTION for Extension of Time to File Response/Reply by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 06/24/2016)
2016-06-28MINUTE ORDER granting 39 Defendants' Consent Motion for Extension of Time. Defendants shall file their Reply in Support of its Supplemental Memorandum on or before July 1, 2016. Signed by Judge Amit P. Mehta on 06/28/2016. (lcapm2) (Entered: 06/28/2016)
2016-06-28Set/Reset Deadlines/Hearings: Defendants' replies due by 7/1/2016. (cdw) (Entered: 06/29/2016)
2016-07-0140REPLY to opposition to motion re 17 MOTION for Summary Judgment Defendants' Opposition to Plaintiffs' Supplemental Cross-Motion and Reply filed by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit 1)(Ross, Carl) (Entered: 07/01/2016)
2017-01-1841NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of All Defendants Substituting for attorney Carl Ross (Hendry, Melanie) (Entered: 01/18/2017)
2017-01-26MINUTE ORDER. Pursuant to the telephone conference held on January 26, 2017, the parties shall file supplemental briefing on the following question: Whether there remains a "reasonable" risk of a security breach given Plaintiffs' claim that Defendants previously disclosed samples of the requested information. Defendants shall file their Supplemental Brief on or before February 21, 2017, and Plaintiffs shall file their Response on or before March 3, 2017. Each brief shall be limited to 10 pages. Signed by Judge Amit P. Mehta on 01/26/2017. (lcapm1) (Entered: 01/26/2017)
2017-01-26Minute Entry for proceedings held before Judge Amit P. Mehta: Telephone Conference held on 1/26/2017. (cdw) (Entered: 01/27/2017)
2017-01-26Set/Reset Deadlines/Hearings: Defendants' supplemental brief due by 2/21/2017. Plaintiffs' response due by 3/3/2017. (cdw) (Entered: 01/27/2017)
2017-02-1743Consent MOTION for Extension of Time to File Supplemental Brief by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Hendry, Melanie) (Entered: 02/17/2017)
2017-02-17MINUTE ORDER granting Defendants' 43 Consent Motion for Extension of Time to File Supplemental Brief. Defendants' Supplemental Brief is now due on or before February 28, 2017. Plaintiffs' Supplemental Brief is due on or before March 10, 2017. No further extensions will be permitted absent extraordinary circumstances. Signed by Judge Amit P. Mehta on 02/17/2017. (lcapm1) (Entered: 02/17/2017)
2017-02-17Set/Reset Deadlines/Hearings: Defendants' Supplemental Brief due by 2/28/2017. Plaintiffs' Supplemental Brief due by 3/10/2017. (cdw) (Entered: 02/22/2017)
2017-02-2844SUPPLEMENTAL MEMORANDUM to filed by CUSTOMS AND BORDER PROTECTION, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration)(Hendry, Melanie) (Entered: 02/28/2017)
2017-03-1045SUPPLEMENTAL MEMORANDUM to re 18 Cross MOTION for Summary Judgment , 17 MOTION for Summary Judgment filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Declaration Fourth Declaration of Susan B. Long)(Nelson, Scott) (Entered: 03/10/2017)
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