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Case TitleAmerican Civil Liberties Union of San Diego and Imperial Counties v. United States Department of Homeland Security
DistrictCentral District of California
CitySouthern Division - Santa Ana
Case Number8:2015cv00229
Date Filed2015-02-10
Date Closed2018-05-11
JudgeJudge Josephine L. Staton
PlaintiffAmerican Civil Liberties Union of San Diego and Imperial Counties
PlaintiffAmerican Civil Liberties Union of Southern California
PlaintiffAnne Lai
PlaintiffSameer Ashar
Case DescriptionThe ACLU of San Diego and Imperial Counties, the ACLU of Southern California, and University of California, Irvine School of Law Immigrant Rights Clinic professors Anne Lai and Sameer Ashar submitted a FOIA request to the Department of Homeland Security for records concerning U.S. Customs and Border Patrol's "roving patrol" operations in the San Diego and El Centro Sectors. The requesters asked for expedited processing and a fee waiver. After hearing nothing from the agency, the plaintiffs filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [101]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-02-101COMPLAINT Receipt No: 0973-15188633 - Fee: $400, filed by plaintiff American Civil Liberties Union of San Diego & Imperial Counties. (Attachments: # 1 Exhibit a-c) (Attorney Mitra Ebadolahi added to party American Civil Liberties Union of San Diego & Imperial Counties(pty:bkmov))(Ebadolahi, Mitra) (Entered: 02/10/2015)
2015-02-102CIVIL COVER SHEET filed by Movant American Civil Liberties Union of San Diego & Imperial Counties. (Ebadolahi, Mitra) (Entered: 02/10/2015)
2015-02-103Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 , Civil Cover Sheet (CV-71) 2 filed by plaintiff American Civil Liberties Union of San Diego & Imperial Counties. (Ebadolahi, Mitra) (Entered: 02/10/2015)
2015-02-114NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Robert N. Block. (nbo) (Entered: 02/11/2015)
2015-02-115NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (nbo) (Entered: 02/11/2015)
2015-02-116NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (nbo) (Entered: 02/11/2015)
2015-02-11760 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendants United States Customs and Border Protection, United States Department of Homeland Security. (nbo) (Entered: 02/11/2015)
2015-02-118NOTICE of Interested Parties filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai, identifying U.S. Dept. of Homeland Security, U.S. Customs & Border Protection. (Ebadolahi, Mitra) (Entered: 02/11/2015)
2015-02-129PROOF OF SERVICE Executed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties, Anne Lai, Sameer Ashar, American Civil Liberties Union of Southern California, upon Defendant All Defendants. Service of the Summons and Complaint were Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: # 1 certified mail receipts)(Ebadolahi, Mitra) (Entered: 02/12/2015)
2015-02-1310ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 14-03 by Judge Cormac J. Carney. Case transferred from Judge Cormac J. Carney to the calendar of Judge Josephine L. Staton for all further proceedings. Case number now reads as SACV15-00229 JLS (RNBx). (dro) (Entered: 02/13/2015)
2015-02-1711INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (tg) (Entered: 02/17/2015)
2015-02-2012FIRST AMENDED COMPLAINT against Defendant United States Customs and Border Protection, United States Department of Homeland Security amending Complaint (Attorney Civil Case Opening), 1 , filed by plaintiff American Civil Liberties Union of San Diego and Imperial Counties, Anne Lai, Sameer Ashar, American Civil Liberties Union of Southern California (Attachments: # 1 Exhibit A-C)(Ebadolahi, Mitra) (Entered: 02/20/2015)
2015-02-2413PROOF OF SERVICE filed by plaintiff American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai, re Amended Complaint/Petition, 12 First Amended Complaint and supporting exhibits A-C served on 02/24/2015. (Ebadolahi, Mitra) (Entered: 02/24/2015)
2015-03-1614PROOF OF SERVICE Executed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties, Anne Lai, Sameer Ashar, American Civil Liberties Union of Southern California, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to F.KAWANO. Executed upon the Attorney Generals Office of the United States by delivering a copy to K.MOOSE. Executed upon the officer agency or corporation by delivering a copy to GILL. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. proof of service of First Amended Complaint and Summons (Ebadolahi, Mitra) (Entered: 03/16/2015)
2015-03-2615NOTICE of Appearance filed by attorney Arjun Garg on behalf of Defendants United States Customs and Border Protection, United States Department of Homeland Security (Attorney Arjun Garg added to party United States Customs and Border Protection(pty:dft), Attorney Arjun Garg added to party United States Department of Homeland Security(pty:dft))(Garg, Arjun) (Entered: 03/26/2015)
2015-04-1316ANSWER to Amended Complaint/Petition, 12 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security.(Garg, Arjun) (Entered: 04/13/2015)
2015-04-1417ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set for 6/26/2015 at 1:30 p.m. before Judge Josephine L. Staton. (tg) (Entered: 04/14/2015)
2015-06-1218JOINT Rule 26(f) REPORT filed by Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. (Ebadolahi, Mitra) (Entered: 06/12/2015)
2015-06-2319(In Chambers) SCHEDULING ORDER by Judge Josephine L. Staton: In a FOIA Case. On the Courts own motion, the Scheduling Conference set for hearing June 26, 2015 is VACATED and taken off calendar, and the Court issues the following Order. (See Order for details). (jtil) (Entered: 06/23/2015)
2015-10-2720NOTICE OF MOTION AND MOTION to Continue Production Deadline from November 2, 2015 to November 20, 2015 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. Motion set for hearing on 12/11/2015 at 02:30 PM before Judge Josephine L. Staton. (Attachments: # 1 Declaration of Sabrina Burroughs) (Garg, Arjun) (Entered: 10/27/2015)
2015-10-2821NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Continue 20 . The following error(s) was found: Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (twdb) (Entered: 10/28/2015)
2015-11-0422OPPOSITION re: NOTICE OF MOTION AND MOTION to Continue Production Deadline from November 2, 2015 to November 20, 2015 20 filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 PROOF OF SERVICE)(Ebadolahi, Mitra) (Entered: 11/04/2015)
2015-11-0423EX PARTE APPLICATION for Order for Shortening Time on Defendants Motion for Extension of Production Deadline filed by Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proof of Service) (Ebadolahi, Mitra) (Entered: 11/04/2015)
2015-11-0524NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION 23 . The following error(s) was found: Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (twdb) (Entered: 11/05/2015)
2015-11-0625ORDER by Judge Josephine L. Staton: granting 23 EX PARTE APPLICATION for Order Shortening Time on Defendants' Motion for Extension of Production Deadline. (twdb) (Entered: 11/06/2015)
2015-11-1026REPLY in support of NOTICE OF MOTION AND MOTION to Continue Production Deadline from November 2, 2015 to November 20, 2015 20 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Declaration of Arjun Garg, # 2 Exhibit A)(Garg, Arjun) (Entered: 11/10/2015)
2015-11-1727MINUTES (IN CHAMBERS) by Judge Josephine L. Staton: granting in part defendants' 20 MOTION to Extend Production Deadline. Accordingly, the Court modifies the Scheduling Order to extend the discovery deadline from November 2, 2015, to November 9, 2015. No others changes to the Scheduling Order are warranted at this time. Discovery cut-off 11/9/2015. (twdb) (Entered: 11/17/2015)
2016-01-0828Joint STIPULATION to Reschedule Briefing Schedule filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Proof of Service)(Ebadolahi, Mitra) (Entered: 01/08/2016)
2016-01-1329ORDER to Modify the Current Summary Judgment Briefing Schedule 28 by Judge Josephine L. Staton: For good cause shown in the Joint Stipulation to Modify the Current Summary Judgment Briefing Schedule, the Court hereby ORDERS that thebriefing schedule in this matter shall be as follows: February 19, 2016: Defendants motion for summary judgment and, if necessary, Vaughn Index, with the motion noticed for the later of June 3, 2016 or the Courts next available motion hearing date; March 18, 2016: Plaintiffs opposition and cross-motion for summary judgment, noticed for the same date as Defendants motion; April 15, 2016: Defendants opposition to cross-motion and reply insupport of motion; and May 6, 2016: Plaintiff's reply in support of cross-motion. (lwag) (Entered: 01/13/2016)
2016-02-1130Joint STIPULATION to Vacate Summary Judgment Briefing Schedule Order,,, 29 filed by plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Proof of Service)(Ebadolahi, Mitra) (Entered: 02/11/2016)
2016-02-1731ORDER by Judge Josephine L. Staton, to Vacate the Current Summary Judgment Briefing Schedule and Require a Joint Status Report re 30 . For good cause shown in the Joint Stipulation to Vacate the Current Summary Judgment Briefing Schedule and Require a Joint Status Report, the Courthereby ORDERS that the existing summary judgment briefing schedule (Dkt. No.29) is VACATED and further ORDERS that the parties shall file a joint statusreport by March 18, 2016 reporting their progress and proposing next steps. (mba) (Entered: 02/17/2016)
2016-03-1832STATUS REPORT filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Garg, Arjun) (Entered: 03/18/2016)
2016-03-2333**NOTE CHANGES MADE BY THE COURT** ORDER Requiring a Joint Status Report 32 by Judge Josephine L. Staton: Upon consideration of the parties' Joint Status Report (Dkt. No. 32), the Court hereby ORDERS that the parties shall file a further joint status report by April 8, 2016 reporting their progress. The parties' April 8 report shall not apprise the Court of "next steps," but rather shall identify a reasonable date by which they are prepared to move forward with or otherwise resolve the litigation. Thereafter, no further extensions will be permitted. (lwag) (Entered: 03/23/2016)
2016-04-0834STATUS REPORT (Joint) filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proposed Order)(Ebadolahi, Mitra) (Entered: 04/08/2016)
2016-04-1335ORDER Requiring a Joint Status Report by Judge Josephine L. Staton, re Status Report 34 . (mt) (Entered: 04/13/2016)
2016-07-0136STATUS REPORT JOINT filed by Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, Sameer Ashar, Anne Lai. (Attachments: # 1 Proposed Order)(Ebadolahi, Mitra) (Entered: 07/01/2016)
2016-07-1537ORDER by Judge Josephine L. Staton: re Setting Briefing Schedule. Upon consideration of the parties' Joint Status Report (Dkt. No. 36), the Courthereby ORDERS the following briefing schedule for cross-motions for summaryjudgment: August 26, 2016: Defendants' motion for summary judgment and Vaughn Index, with the motion noticed for the later of January 27, 2017 or the Court's next available motion hearing date. October 7, 2016: Plaintiffs' opposition and cross-motion for summary judgment, noticed for the same date as Defendants' motion. November 18, 2016: Defendants' opposition to cross-motion and reply in support of motion. December 23, 2016: Plaintiffs reply in support of cross-motion. (mba) (Entered: 07/15/2016)
2016-08-2638NOTICE OF MOTION AND MOTION for Summary Judgment filed by defendants United States Customs and Border Protection, United States Department of Homeland Security. Motion set for hearing on 1/27/2017 at 02:30 PM before Judge Josephine L. Staton. (Attachments: # 1 Proposed Order) (Garg, Arjun) (Entered: 08/26/2016)
2016-08-2639STATEMENT of Uncontroverted Facts and Conclusions of Law as to NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Garg, Arjun) (Entered: 08/26/2016)
2016-08-2640DECLARATION of Sabrina Burroughs in support of NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Garg, Arjun) (Entered: 08/26/2016)
2016-08-2641DECLARATION of Kevin L. Tyrrell in support of NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Garg, Arjun) (Entered: 08/26/2016)
2016-08-2642DECLARATION of Aneet Marwaha in support of NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Garg, Arjun) (Entered: 08/26/2016)
2016-08-2643DECLARATION of Fernando Pineiro in support of NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Exhibit A)(Garg, Arjun) (Entered: 08/26/2016)
2016-09-1544Notice of Appearance or Withdrawal of Counsel: for attorney Belinda Escobosa Helzer counsel for Plaintiff American Civil Liberties Union of Southern California. Belinda Escobosa Helzer is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs American Civil Liberties Union of Southern California, et al.. (Escobosa Helzer, Belinda) (Entered: 09/15/2016)
2016-09-2345Joint STIPULATION to Reschedule briefing schedule filed by plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proposed Order, # 2 proof of service)(Ebadolahi, Mitra) (Entered: 09/23/2016)
2016-09-2746ORDER to Modify Summary Judgment Briefing Schedule by Judge Josephine L. Staton. For good cause shown in the parties' Joint Stipulation 45 to Modify Summary Judgment Briefing Schedule, the Court hereby ORDERS that the schedule for remaining summary judgment briefing in this matter shall be as follows: October 14, 2016: Plaintiffs' cross-motion for summary judgment and opposition to Defendants' motion for summary judgment to be filed. December 2, 2016: Defendants opposition to Plaintiffs' cross-motion for summary judgment and reply in support of Defendants' motion for summary judgment to be filed. January 6, 2017: Plaintiffs' reply in support of Plaintiffs' cross-motion for summary judgment to be filed. IT IS SO ORDERED. (dro) (Entered: 09/27/2016)
2016-10-0447NOTICE of Change of Attorney Business or Contact Information: for attorney Adrienna Wong counsel for Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. Changing address to 1313 West Eighth Street, Los Angeles, CA 90017. Changing fax number to (213) 977-5297. Filed by Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, et al. (Wong, Adrienna) (Entered: 10/04/2016)
2016-10-0648Joint STIPULATION to Exceed Page Limitation as to Memorandum of Points & Authorities In Support of Cross-Motion For Summary Judgment filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Ebadolahi, Mitra) (Entered: 10/06/2016)
2016-10-0749ORDER Granting Leave for Plaintiffs to File Oversize Memorandum of Points and Authorities by Judge Josephine L. Staton. For good cause shown in the parties' Joint Stipulation 48 for Leave for Plaintiffs to File Oversize Memorandum of Points & Authorities ISO Cross-MSJ, and for Defendants to File Oversize Reply/Opposition Brief ISO MSJ, the Court hereby ORDERS that Plaintiffs be granted leave to file a 35-page Memorandum of Points & Authorities in support of their cross-motion for summary judgment, and Defendants be granted leave to file a 35-page Reply/Opposition brief in support of their motion for summary judgment. So ordered. (dro) (Entered: 10/07/2016)
2016-10-1450PLAINTIFFS NOTICE OF MOTION AND CROSS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO re: NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proposed Order)(Ebadolahi, Mitra) Modified on 10/17/2016 (tg). (Entered: 10/14/2016)
2016-10-1451STATEMENT of GENUINE ISSUES IN SUPPORT OF CROSS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Ebadolahi, Mitra) (Entered: 10/14/2016)
2016-10-1452STATEMENT of UNCONTROVERTED FACTS & CONCLUSIONS OF LAW IN SUPPORT OF CROSS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Ebadolahi, Mitra) (Entered: 10/14/2016)
2016-10-1453DECLARATION of MITRA EBADOLAHI IN SUPPORT OF PLAINTIFFS' CROSS MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit A - H, # 2 Exhibit I - Part 1, # 3 Exhibit I - Part 2, # 4 Exhibit J-1 to J-6, # 5 Exhibit J-7 to J-12, # 6 Exhibit K-1 to M-1, # 7 Exhibit M-2 to Q-2)(Ebadolahi, Mitra) (Entered: 10/14/2016)
2016-10-1454DECLARATION of JAMES F. TOMSHECK IN SUPPORT OF PLAINTIFFS' CROSS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Ebadolahi, Mitra) (Entered: 10/14/2016)
2016-10-1455DECLARATION of CHRISTOPHER RICKERD IN SUPPORT OF PLAINTIFFS' CROSS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ebadolahi, Mitra) (Entered: 10/14/2016)
2016-10-1456DECLARATION of TRINA REALMUTO IN SUPPORT OF PLAINTIFFS' CROSS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ebadolahi, Mitra) (Entered: 10/14/2016)
2016-12-0157Joint STIPULATION for Extension of Time to File Combined Reply and Response as to NOTICE OF MOTION AND MOTION for Summary Judgment 38 , for Summary Judgment 50 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Declaration of Arjun Garg, # 2 Proposed Order)(Garg, Arjun) (Entered: 12/01/2016)
2016-12-0558ORDER by Judge Josephine L. Staton: DENIED BY ORDER OF THE COURT ORDER EXTENDING 12/2/16 BRIEFING DEADLINE AND CONTINUING FURTHER SUMMARY JUDGMENT PROCEEDINGS PENDING JOINT STATUS REPORT. The Court has previously granted multiple extensions of time (see Docs. 27, 29, 31 & 46), and does not believe that a further extension is warranted. Moreover, the requested extension was sought the day before the deadline. (Cf. Doc. 11, Court's Initial Standing Order (requiring that requests for extension of time be submitted no fewer than five days in advance of the scheduled date).) (dv) (Entered: 12/05/2016)
2016-12-0559Combined Reply and Opposition re NOTICE OF MOTION AND MOTION for Summary Judgment 38 , for Summary Judgment 50 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Garg, Arjun) (Entered: 12/05/2016)
2016-12-0560STATEMENT of Genuine Issues in Opposition to Plaintiffs' Motion for Summary Judgment 50 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Garg, Arjun) (Entered: 12/05/2016)
2016-12-0561DECLARATION of Stephanie Tell in support of NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Exhibit A)(Garg, Arjun) (Entered: 12/05/2016)
2016-12-0562DECLARATION of Colin Jackson in support of NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Garg, Arjun) (Entered: 12/05/2016)
2016-12-0563DECLARATION of Aneet Marwaha (Supplemental) in support of NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Garg, Arjun) (Entered: 12/05/2016)
2016-12-0564DECLARATION of Kevin L. Tyrrell (Supplemental) in support of NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Garg, Arjun) (Entered: 12/05/2016)
2016-12-0965NOTICE OF LODGING filed re Supplemental Declaration and Vaughn Index re NOTICE OF MOTION AND MOTION for Summary Judgment 38 (Attachments: # 1 Declaration of Stephanie Tell (Supplemental) with Vaughn Index)(Garg, Arjun) (Entered: 12/09/2016)
2017-01-0466Notice of Appearance or Withdrawal of Counsel: for attorney Zoe Nicole McKinney counsel for Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. Adding Zoe McKinney as counsel of record for ACLU of San Diego & Imperial Counties, ACLU of Southern California, Anna Lai, Sameer Ashar for the reason indicated in the G-123 Notice. Filed by plaintiff ACLU of San Diego & Imperial Counties, ACLU of Southern California, Anna Lai, Sameer Ashar. (Attorney Zoe Nicole McKinney added to party American Civil Liberties Union of San Diego and Imperial Counties(pty:pla), Attorney Zoe Nicole McKinney added to party American Civil Liberties Union of Southern California(pty:pla), Attorney Zoe Nicole McKinney added to party Sameer Ashar(pty:pla), Attorney Zoe Nicole McKinney added to party Anne Lai(pty:pla))(McKinney, Zoe) (Entered: 01/04/2017)
2017-01-0667Reply in Support of Cross Motion for Summary Judgment filed by plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. (Ebadolahi, Mitra) Modified on 1/9/2017 (tg). (Entered: 01/06/2017)
2017-01-0668Supplemental Statement of Uncontroverted Facts & Conclusions of Law filed by Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. (Ebadolahi, Mitra) Modified on 1/9/2017 (tg). (Entered: 01/06/2017)
2017-01-0669Supplemental Ebadolahi Declaration in Support of Plaintiffs' Cross Motion for Summary Judgment filed by Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. (Ebadolahi, Mitra) Modified on 1/9/2017 (tg). (Entered: 01/06/2017)
2017-01-0670Supplemental Tomsheck Declaration in Support of Plaintiffs' Cross Motion for Summary Judgment filed by Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. (Ebadolahi, Mitra) Modified on 1/9/2017 (tg). (Entered: 01/06/2017)
2017-01-0971NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Summary Judgment Supplemental Tomsheck Declaration in Support of Plaintiffs' Cross Motion for Summary Judgment 70 , NOTICE OF MOTION AND MOTION for Summary Judgment Reply in Support of Cross Motion for Summary Judgment 67 , NOTICE OF MOTION AND MOTION for Summary Judgment Supplemental Ebadolahi Declaration in Support of Plaintiffs' Cross Motion for Summary Judgment 69 , NOTICE OF MOTION AND MOTION for Summary Judgment Supplemental Statement of Uncontroverted Facts & Conclusions of Law 68 . The following error(s) was found: Incorrect event selected. The correct event is: As indicated on Notice. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (es) (Entered: 01/09/2017)
2017-01-2772MINUTES OF Motion Hearing held before Judge Josephine L. Staton taking under advisement 38 for Summary Judgment and taking under advisement 50 for Summary Judgment. Hearing held. Oral arguments heard. Matters taken under submission by the Court. Court Reporter: Deborah Parker. (dro) (Entered: 01/27/2017)
2017-01-2773DECLARATION of Stephanie Tell (Second Supplemental) in Support of NOTICE OF MOTION AND MOTION for Summary Judgment 38 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Garg, Arjun) (Entered: 01/27/2017)
2017-02-1074MINUTES (IN CHAMBERS) ORDER (1) DENYING IN PART CROSS-MOTIONS FOR SUMMARY JUDGMENT, (2) ORDERING SUPPLEMENTAL BRIEFING, AND (3) ORDERING THAT IN CAMERA REVIEW (Docs. 38, 50) by Judge Josephine L. Staton: Before the Court are cross-motions for summary judgment filed by Plaintiffsthe American Civil Liberties Union of San Diego and Imperial Counties, the American Civil Liberties Union of Southern California, Anne Lai, and Sameer Asharand Defendants, the United States Department of Homeland Security and United States Customs and Border Protection. (Gov. Mot., Doc. 38; Plaintiffs Mot., Doc. 50.) For the following reasons, the Court DENIES IN PART both parties motions for summary judgment, ORDERS supplemental briefing, and ORDERS the Enforcement Law Course to be submitted for in camera review. *Refer to order for details.* (es) (Entered: 02/13/2017)
2017-03-0675Joint STIPULATION for Extension of Time to File Supplemental Briefing filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Declaration of Arjun Garg, # 2 Proposed Order)(Garg, Arjun) (Entered: 03/06/2017)
2017-03-0776ORDER Extending 3/15/17 and 3/29/17 Briefing Deadlines 75 by Judge Josephine L. Staton: Upon the parties Joint Stipulation Extending 3/15/17 and 3/29/17 Briefing Deadlines, and good cause appearing, the Court hereby ORDERS that the supplemental briefing deadlines stated in the Courts Order at ECF No. 74 are VACATED; ORDERS that both sides shall submit supplemental briefing, not to exceed twenty pages, to address each of the issues raised by the Court in its Order at ECF No. 74 no later than April 5, 2017; and further ORDERS that both sides may submit an optional ten-page reply brief no later than April 19, 2017. (lwag) (Entered: 03/07/2017)
2017-04-0277TRANSCRIPT for proceedings held on 01/27/2017, 2:31 p.m. Court Reporter: Deborah Parker, CSR 10342, phone number transcripts@ddparker.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through DEBORAHDPARKER.COM or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/24/2017. Redacted Transcript Deadline set for 5/3/2017. Release of Transcript Restriction set for 7/3/2017. (Parker, Deborah) (Entered: 04/02/2017)
2017-04-0278NOTICE OF FILING TRANSCRIPT filed for proceedings 01/27/2017, 2:31 p.m. re Transcript 77 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Parker, Deborah) TEXT ONLY ENTRY (Entered: 04/02/2017)
2017-04-0579Notice of Appearance or Withdrawal of Counsel: for attorney Jason Lee counsel for Defendants United States Customs and Border Protection, United States Department of Homeland Security. Adding Jason Lee as counsel of record for U.S. Department of Homeland Security, U.S. Customs and Border Protection for the reason indicated in the G-123 Notice. Filed by defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Attorney Jason Lee added to party United States Customs and Border Protection(pty:dft), Attorney Jason Lee added to party United States Department of Homeland Security(pty:dft))(Lee, Jason) (Entered: 04/05/2017)
2017-04-0580SEALED DOCUMENT re Order on Motion for Summary Judgment,,,,,,, 74 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Unredacted Document)(Lee, Jason) (Entered: 04/05/2017)
2017-04-0581SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment 38 (Supplemental Brief) filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Declaration Third Tell Declaration, # 2 Declaration Second Tyrrell Declaration, # 3 Declaration Supplemental Roselle Declaration, # 4 Declaration Supplemental Courey Declaration, # 5 Declaration Fourth Tell Declaration)(Lee, Jason) (Entered: 04/05/2017)
2017-04-0582SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment 38 , for Summary Judgment 50 Per Court Order Doc 74 2/10/17 filed by Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. (Attachments: # 1 Declaration M. Ebadolahi's Second Supp Declaration, # 2 Exhibit Exhibit A-1, # 3 Exhibit Exhibit A-2, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F)(Ebadolahi, Mitra) (Entered: 04/05/2017)
2017-04-1883NOTICE OF ERRATA filed by Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. correcting Supplement(Motion related),, 82 82-4 Exhibit B (Ebadolahi, Mitra) (Entered: 04/18/2017)
2017-04-1984SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment 38 Reply Brief in Response to Court's Order Dkt 74 filed by Plaintiffs American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. (Attachments: # 1 Declaration of Mitra Ebadolahi, # 2 Proof of Service)(Ebadolahi, Mitra) (Entered: 04/19/2017)
2017-04-1985SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment 38 Supplemental Reply Brief filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Declaration)(Lee, Jason) (Entered: 04/19/2017)
2017-05-1586SCHEDULING NOTICE by Judge Josephine L. Staton: Having reviewed the parties' supplementary briefing, the Court hereby SCHEDULES oral argument on the parties' cross-motions for summary judgment (Docs. 38,50) for July 14, 2017 at 2:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tg) TEXT ONLY ENTRY (Entered: 05/15/2017)
2017-05-2487Joint STIPULATION to Continue Oral Argument from 7/14/2017 to 8/18/2017 Re: Text Only Scheduling Notice, 86 filed by plaintiff American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. (Attachments: # 1 Declaration of Mitra Ebadolahi, # 2 Proposed Order, # 3 Proof of Service)(Ebadolahi, Mitra) (Entered: 05/24/2017)
2017-05-2688ORDER CONTINUING HEARING by Judge Josephine L. Staton: Upon the parties' Joint Stipulation, and good cause appearing, the Court hereby CONTINUES the hearing currently set for July 14, 2017 to August 18, 2017 at 2:30 p.m. (dv) (Entered: 05/26/2017)
2017-08-1889MINUTES OF Motion Hearing held before Judge Josephine L. Staton: Hearing Re Defendants' Motion for Summary Judgment 38 ; Plaintiffs' Motion for Summary Judgment 50 . Matters taken under submission by the Court. Court Reporter: Deborah Parker. (twdb) (Entered: 08/18/2017)
2017-11-0690ORDER GRANTING IN PART AND DENYING IN PART CROSS-MOTIONS FOR SUMMARY JUDGMENT AND REQUESTING IN CAMERA REVIEW OF BORDER PATROL ACADEMY RECORDS (Docs. 38, 50) by Judge Josephine L. Staton,. (es) (Entered: 11/06/2017)
2017-12-1991MINUTE ORDER IN CHAMBERS by Judge Josephine L. Staton: Order Directing Defendant to File Records for In Camera Review 90 . The Court did not provide a date by which the Government was required to file these Records, and the Government has not yet filed them. Therefore, the Government is ORDERED to do so within fourteen (14) days of entry of this Order. (twdb) (Entered: 12/19/2017)
2017-12-2092SEALED DOCUMENT Vaughn No. 1 re Order 90 , Minutes of In Chambers Order/Directive - no proceeding held, 91 filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Unredacted Document Vaughn No. 2, # 2 Unredacted Document Vaughn No.3, # 3 Unredacted Document Vaughn No. 4, # 4 Unredacted Document Vaughn No. 5, # 5 Unredacted Document Vaughn No. 6, # 6 Unredacted Document Vaughn No. 7, # 7 Unredacted Document Vaughn No. 8, # 8 Unredacted Document Vaughn No. 9, # 9 Unredacted Document Vaughn No. 10, # 10 Unredacted Document Vaughn No. 11, # 11 Unredacted Document Vaughn No. 12, # 12 Unredacted Document Vaughn No. 13, # 13 Unredacted Document Vaughn No. 14, # 14 Unredacted Document Vaughn No. 15, # 15 Unredacted Document Vaughn No. 16, # 16 Unredacted Document Vaughn No. 17, # 17 Unredacted Document Vaughn No. 18, # 18 Unredacted Document Vaughn No. 19, # 19 Unredacted Document Vaughn No. 20, # 20 Unredacted Document Vaughn No. 21, # 21 Unredacted Document Vaughn No. 22, # 22 Unredacted Document Vaughn No. 23, # 23 Unredacted Document Vaughn No. 24, # 24 Unredacted Document Vaughn No. 25, # 25 Unredacted Document Vaughn No. 26, # 26 Unredacted Document Vaughn No. 27, # 27 Unredacted Document Vaughn No. 28, # 28 Unredacted Document Vaughn No. 29, # 29 Unredacted Document Vaughn No. 30, # 30 Unredacted Document Vaughn No. 31, # 31 Unredacted Document Vaughn No. 32, # 32 Unredacted Document Vaughn No. 33, # 33 Unredacted Document Vaughn No. 34, # 34 Unredacted Document Vaughn No. 35, # 35 Unredacted Document Vaughn No. 36, # 36 Unredacted Document Vaughn No. 37, # 37 Unredacted Document Vaughn No. 38, # 38 Unredacted Document Vaughn No. 39, # 39 Unredacted Document Vaughn No. 40, # 40 Unredacted Document Vaughn No. 41, # 41 Unredacted Document Vaughn No. 42, # 42 Unredacted Document Vaughn No. 43, # 43 Unredacted Document Vaughn No. 44, # 44 Unredacted Document Vaughn No. 45, # 45 Unredacted Document Vaughn No. 46 - Part 1, # 46 Unredacted Document Vaughn No. 46 - Part 2, # 47 Unredacted Document Vaughn No. 47 - Part 1, # 48 Unredacted Document Vaughn No. 47 - Part 2, # 49 Unredacted Document Vaughn No. 48 - Part 1, # 50 Unredacted Document Vaughn No. 48 - Part 2, # 51 Unredacted Document Vaughn No. 49, # 52 Unredacted Document Vaughn No. 55, # 53 Unredacted Document Vaughn No. 56)(Garg, Arjun) (Entered: 12/20/2017)
2017-12-2093NOTICE OF LODGING filed re Records for In Camera Review re Order 90 , Sealed Document,,,,,,,,,, 92 , Minutes of In Chambers Order/Directive - no proceeding held, 91 (Garg, Arjun) (Entered: 12/20/2017)
2018-04-1694Notice of Appearance or Withdrawal of Counsel: for attorney Arjun Garg counsel for Defendants United States Customs and Border Protection, United States Department of Homeland Security. Arjun Garg is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Garg, Arjun) (Entered: 04/16/2018)
2018-04-1995MINUTES (IN CHAMBERS) ORDER (1) SUPPLEMENTAL SUMMARY JUDGMENT ORDER; AND (2) REQUEST FOR PREPARATION OF FINAL JUDGMENT by Judge Josephine L. Staton. The Court finds that the Government properly withheld under Exemption 5 pages 70-83 of Vaughn No. 8. The Government properly withheld under Exemption 7(E) the investigative techniques identified in Vaughn Nos. 1-7, 12, 22-23, 36-38, 49, and 55-56. Finally, the Government properly withheld under Exemption 7(C) the photos and personal information in Vaughn Nos. 1- 5, 9-10, 46-49, 55, and 56. The Exemptions are inapplicable to the records or portions of the records that are not identified above. Accordingly, the Government is ORDERED to produce to Plaintiffs the records that were improperly withheld. Finally, the parties are ORDERED to prepare a proposed final judgment so that judgment may be entered and this case closed. The proposed judgment should be filed within seven (7) days of entry of this Order. (see document for details). (dro) (Entered: 04/19/2018)
2018-04-2696Joint STIPULATION for Extension of Time to File Proposed Final Judgment filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proposed Order, # 2 Declaration)(Lee, Jason) (Entered: 04/26/2018)
2018-04-3097NOTICE OF LODGING filed for Joint Proposed Final Judgment re Minutes of In Chambers Order/Directive - no proceeding held,,,, 95 (Attachments: # 1 Joint Proposed Final Judgment)(Ebadolahi, Mitra) (Entered: 04/30/2018)
2018-04-3098NOTICE OF MOTION AND MOTION for Extension of Time to File Attorneys' Fees filed by plaintiff American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, Sameer Ashar, Anne Lai. (Attachments: # 1 Declaration M. Ebadolahi, # 2 Proposed Order) (Ebadolahi, Mitra) (Entered: 04/30/2018)
2018-05-0199ORDER by Judge Josephine L. Staton, GRANTING PLAINTIFFS MOTION FOR EXTENSION OF TIME TO MOVE FOR ATTORNEYS FEES 98 (es) (Entered: 05/01/2018)
2018-05-01100ORDER EXTENDING DEADLINE TO FILE PROPOSED FINAL JUDGMENT by Judge Josephine L. Staton. The Court hereby ORDERS the parties to file a proposed final judgment in the above-captioned cause by Monday, April 30, 2018, so that judgment may be entered and this case closed. 96 (es) (Entered: 05/01/2018)
2018-05-11101FINAL JUDGMENT by Judge Josephine L. Staton. The Court ENTERS judgment in favor of Plaintiffs on the remainder of the Enforcement Law Course and the remainder of the BPA records. (see document for details). (MD JS-6, Case Terminated). (dro) (Entered: 05/11/2018)
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