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Case TitleAmerican Civil Liberties Union of Arizona et al v. United States Department of Homeland Security Office for Civil Rights and Civil Liberties et al
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2015cv00247
Date Filed2015-02-11
Date ClosedOpen
JudgeJudge John J Tuchi
PlaintiffAmerican Civil Liberties Union of Arizona
PlaintiffAmerican Civil Liberties Union of San Diego and Imperial Counties
Case DescriptionThe ACLU of Arizona and the ACLU of San Diego and Imperial Counties submitted a FOIA request to the Department of Homeland Security for records concerning allegations of abuse and mistreatment of children while in the custody of Customs and Border Patrol. The ACLU requested expedited processing and a fee waiver. Homeland Security referred the request to CBP, ICE, OIG, and the Office of Civil Rights and Civil Liberties. CRCL acknowledged receipt of the request, denied the ACLU's request for expedited processing and a fee waiver, and invoked a 10-day extension for responding. OIG also acknowledged receipt of the request and denied the ACLU's request for expedited processing and invoked a 10-day extension for responding. CRCL contacted the ACLU again to request a modification, but the ACLU declined to modify its request. After hearing nothing further from the agency, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security Office for Civil Rights and Civil Liberties
DefendantUnited States Department of Homeland Security Office of Inspector General
DefendantUnited States Customs and Border Protection
DefendantUnited States Immigration and Customs Enforcement
DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [76]
FOIA Project Annotation: A federal court in Arizona has ruled that some of the searches conducted by components of the Department of Homeland Security were adequate where they provide sufficient explanation of the way the searches were conducted, but in other instances, particularly where the components relied on subject experts to conduct searches, the agency's explanations were insufficient. The case involved a request by the ACLU of Arizona for records concerning claims that unaccompanied immigrant minors were abused while in the Border Patrol custody. The agency ultimately disclosed more than 32, 000 pages of records, but the ACLU challenged many of the searches. The court noted that "those searches that fail to detail the terms or criteria used to identify responsive documents are inadequate. Specifically, any declaration that simply relies on a subject matter expert and manual searches or merely identifies the locations searched, but does not discuss subject matter, search terms, or other criteria, must be supplemented." Observing that "plaintiffs are entitled to knowledge of what that search involved " a process that is not particularly cumbersome or difficult when a manual search is conducted," the court explained that "a FOIA responder's task is clear: it must describe what records were searched, by whom, and by what process. Here, multiple agencies have failed to describe that process, other than by identifying the who and where and omitting the what, or vice versa." The court added that while the agency did not have to identify the individuals who conducted the searches, "the plaintiffs are entitled to sufficient detail on the employees' qualifications to ensure that they have the requisite skillset or knowledge base to conduct a compliant search." The court found many of the agency's search terms were adequate, but indicated that the agency needed to search for the term "UAC," which stood for unaccompanied minor. The ACLU argued that the agency's Vaughn indices were too confusing. But the court observed that "the categorical approach employed conveys enough information to Plaintiffs and the Court to identify the records referenced and understand the reasoning behind the claimed exemptions " all that is required under FOIA." The agency argued that case numbers were protected under Exemption 7(E) (investigative methods and techniques) because disclosure might allow a requester to better understand the agency's law enforcement databases. Calling this "too implausible," the court noted that "the case numbers are not information connected to law enforcement databases, as there is no evidence before the Court that the numbers are anything other than identifiers for organizational and classification purposes."
Issues: Adequacy - Search, Exemption 7(E) - Investigative methods or techniques
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-02-111COMPLAINT. Filing fee received: $400.00, receipt number 0970-11343590 filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (submitted by James Lyall) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(REK) (Entered: 02/11/2015)
2015-02-112SUMMONS Submitted by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (submitted by James Lyall) (REK) (Entered: 02/11/2015)
2015-02-113Corporate Disclosure Statement by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (submitted by James Lyall) (REK) (Entered: 02/11/2015)
2015-02-114Filing fee paid, receipt number 0970-11343590. This case has been assigned to the Honorable John J. Tuchi. All future pleadings or documents should bear the correct case number: CV-15-00247-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 02/11/2015)
2015-02-115Summons Issued as to United States Department of Homeland Security. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/11/2015)
2015-02-116ORDER: IT IS ORDERED that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that plaintiff shall serve a copy of this order on defendants. (See attached Order for additional details). Signed by Judge John J Tuchi on 2/11/15. (JAMA) (Entered: 02/11/2015)
2015-02-197MOTION for Admission Pro Hac Vice as to attorney Aarti G Reddy on behalf of American Civil Liberties Union of Arizona, and American Civil Liberties Union of San Diego and Imperial Counties. (BAS) (Entered: 02/19/2015)
2015-02-19PRO HAC VICE FEE PAID. $ 35, receipt number PHX155478 as to Aarti G Reddy. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 02/19/2015)
2015-02-198MOTION for Admission Pro Hac Vice as to attorney Whitty Somvichian on behalf of American Civil Liberties Union of Arizona, and American Civil Liberties Union of San Diego and Imperial Counties. (BAS) (Entered: 02/19/2015)
2015-02-19PRO HAC VICE FEE PAID. $ 35, receipt number PHX155477 as to Whitty Somvichian. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 02/19/2015)
2015-02-199ORDER pursuant to General Order 09-08 granting 7 Motion for Admission Pro Hac Vice; granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 02/19/2015)
2015-02-2010SUMMONS Submitted by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Summons Office of Inspector General, # 2 Summons United States Customs and Border Protection, # 3 Summons United States Immigration and Customs Enforcement)(Lyall, James) (Entered: 02/20/2015)
2015-02-2011MOTION for Admission Pro Hac Vice as to attorney Mitra Ebadolahi on behalf of American Civil Liberties Union of Arizona, and American Civil Liberties Union of San Diego and Imperial Counties. (BAS) (Entered: 02/20/2015)
2015-02-20PRO HAC VICE FEE PAID. $ 35, receipt number PHX155564 as to Mitra Ebadolahi. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 02/20/2015)
2015-02-2012MOTION for Admission Pro Hac Vice as to attorney David Loy on behalf of American Civil Liberties Union of Arizona, and American Civil Liberties Union of San Diego and Imperial Counties. (BAS) (Entered: 02/20/2015)
2015-02-20PRO HAC VICE FEE PAID. $ 35, receipt number PHX155563 as to David Loy. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 02/20/2015)
2015-02-2013ORDER pursuant to General Order 09-08 granting 11 Motion for Admission Pro Hac Vice; granting 12 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 02/20/2015)
2015-02-2314Summons Issued as to United States Customs and Border Protection, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/23/2015)
2015-03-1015SERVICE EXECUTED filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties: Affidavit of Service re: Complaint and Exhibits A-G; Civil Cover Sheet; Corporate Disclosure Statement; Notice of Availability of US Magistrate Judge; Summons; Order re FRCP 12(b) upon United States Department of Homeland Security through John Leonardo, United States Attorney, District of Arizona on February 24, 2015. (Lyall, James) (Entered: 03/10/2015)
2015-03-2616Defendants' ANSWER to 1 Complaint by United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Customs and Border Protection, United States Immigration and Customs Enforcement, United States Department of Homeland Security. (Newton, Emily) *Modified on 3/26/2015 to correct filers (MAP)*. (Entered: 03/26/2015)
2015-04-0917SCHEDULING ORDER issued. See attached Order for deadlines and details. Signed by Judge John J Tuchi on 4/9/15. (JAMA) (Entered: 04/09/2015)
2015-09-2118STATUS REPORT filed jointly with Plaintiffs by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order Defendant's Proposed Order, # 2 Text of Proposed Order Plaintiffs' Proposed Order)(Newton, Emily) (Entered: 09/21/2015)
2015-09-3019ORDER: IT IS ORDERED setting a telephonic hearing in this matter for Thursday, October 8, 2015, at 2:00 p.m. in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003, before Judge John J. Tuchi. Chambers will e-mail dial-in information to all counsel prior to the telephonic hearing. (See attached Order). Signed by Judge John J Tuchi on 9/30/15. (JAMA) (Entered: 09/30/2015)
2015-10-0820MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephone Conference held on 10/8/2015 re: the Parties' Joint Status Report (Doc. 18 ). Document and briefing production deadlines discussed. IT IS ORDERED that Defendants shall produce all responsive documents on a rolling basis, to be completed no later than May 27, 2016; that Defendants' opening brief and accompanying declarations shall be filed by June 17, 2016; that Plaintiff's cross-motion in opposition shall be filed no later than July 22, 2016; that Defendants' reply in opposition shall be filed no later than August 19, 2016; and that Plaintiff's reply shall be filed no later than September 2, 2016. The Court reserves the question of the timing for Defendants' provision of the Vaughn index pending further review. IT IS FURTHER ORDERED that the parties will jointly submit a brief statement regarding the formulation and use of the Vaughn index by no later than 5:00 PM Arizona time on Thursday, October 22, 2015. APPEARANCES: Telephonic appearance by Aarti Reddy, James Lyall, Mitra Ebadolahi, and Lauren Pomeroy for Plaintiffs. Telephonic appearance by Emily Newton for Defendants. (Court Reporter Elaine Cropper.) Hearing held 1:55 PM to 2:23 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 10/08/2015)
2015-10-2121ORDER: IT IS ORDERED that Defendants shall produce the Vaughn index no later than May 27, 2016, the deadline for completing document production to Plaintiffs. IT IS FURTHER ORDERED vacating that portion of the Court's October 8, 2015, Minute Entry requiring the parties to jointly produce by October 22, 2015, a statement regarding the formulation and use of the Vaughn index. (See attached Order for complete details). Signed by Judge John J Tuchi on 10/21/15. (JAMA) (Entered: 10/21/2015)
2016-02-0422First MOTION for Extension of Time to Complete Production and Provide Vaughn Indexes by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Counsel correspondence, # 2 Affidavit Marwaha Declaration, # 3 Affidavit Burroughs Declaration, # 4 Text of Proposed Order)(Newton, Emily) (Entered: 02/04/2016)
2016-02-0823*Response in Opposition to 22 Defendants Motion for Extension of Production and Briefing Deadlines by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties . (Reddy, Aarti) *Modified to correct docket event and document number on 2/9/2016 (EJA). (Entered: 02/08/2016)
2016-02-1824RESPONSE in Opposition re: 22 First MOTION for Extension of Time to Complete Production and Provide Vaughn Indexes Opposition to Defendants Motion for Extension of Production and Briefing Deadlines (First Request) filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Text of Proposed Order)(Reddy, Aarti) (Entered: 02/18/2016)
2016-02-1825DECLARATION of Aarti G. Reddy re: 24 Response in Opposition to Motion for Extension of Production and Briefing Deadlines ., RESPONSE in Opposition re: 22 First MOTION for Extension of Time to Complete Production and Provide Vaughn Indexes filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Reddy, Aarti) (Entered: 02/18/2016)
2016-02-2526REPLY to Response to Motion re: 22 First MOTION for Extension of Time to Complete Production and Provide Vaughn Indexes filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit)(Newton, Emily) (Entered: 02/25/2016)
2016-03-3127ORDER: IT IS ORDERED denying in part 22 Defendants' Motion for Extension of Production and Briefing Deadlines as to the extension of document production and briefing deadlines, but granting in part the Motion as to the extension of Vaughn index deadlines. IT IS FURTHER ORDERED resetting the document, briefing, and Vaughn index production schedule. IT IS FURTHER ORDERED that beginning May 1, 2016, Defendant agencies shall provide brief monthly status reports every first day of the month to Plaintiffs. The reports shall indicate the review rate, remaining documents, and otherwise show Defendants' compliance with the Court's Scheduling Orders. (See attached Order for complete details and deadlines). Signed by Judge John J Tuchi on 3/31/16. (JAMA) (Entered: 03/31/2016)
2016-04-3028STATUS REPORT by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Newton, Emily) (Entered: 04/30/2016)
2016-05-2329MOTION to Withdraw as Attorney Victoria Lopez by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Text of Proposed Order)(Pochoda, Daniel) (Entered: 05/23/2016)
2016-05-2530ORDER: IT IS ORDERED granting 29 the Motion to Withdraw Victoria Lopez as Counsel of Record for Plaintiffs. (See attached Order for additional details). Signed by Judge John J Tuchi on 8/25/16.(JAMA) (Entered: 05/25/2016)
2016-06-0131STATUS REPORT by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Newton, Emily) (Entered: 06/01/2016)
2016-07-0132STATUS REPORT by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Newton, Emily) (Entered: 07/01/2016)
2016-07-0633NOTICE of Appearance by Stuart Justin Robinson on behalf of United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Robinson, Stuart) (Entered: 07/06/2016)
2016-07-0834* MOTION to Stay PROCEEDINGS WITH RESPECT TO DEFENDANT OFFICE OF THE INSPECTOR GENERAL, AND SECOND MOTION/REQUEST FOR MODIFICATION OF THE BRIEFING SCHEDULE by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Text of Proposed Order)(Robinson, Stuart). *Added MOTION for Modification of Briefing Schedule on 7/11/2016 (REK). (Entered: 07/08/2016)
2016-07-1135ORDER: IT IS HEREBY ORDERED that Plaintiffs are to file a response to Defendants' Motion for Stay (Doc. 34 ) by July 19, 2016. IT IS FURTHER ORDERED that any reply is due by July 22, 2016. (See attached Order). Signed by Judge John J Tuchi on 7/11/16. (JAMA) (Entered: 07/11/2016)
2016-07-1836MOTION to Withdraw as Attorney James Duff Lyall by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Text of Proposed Order)(Pochoda, Daniel) (Entered: 07/18/2016)
2016-07-1937*MOTION (Request) for Sanctions and RESPONSE in Opposition re: 34 MOTION to Stay PROCEEDINGS WITH RESPECT TO DEFENDANT OFFICE OF THE INSPECTOR GENERAL, AND SECOND REQUEST FOR MODIFICATION OF THE BRIEFING SCHEDULE MOTION for Modification of Briefing Schedule Plaintiffs Request For Sanctions And Opposition To Defendants Motion For Stay Of Proceedings With Respect To Defendant Office Of The Inspector General, And Second Request For Modification Of The Briefing Schedule filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) *Modified to correct event on 7/20/2016 (ATD). (Entered: 07/19/2016)
2016-07-1938DECLARATION of Aarti G. Reddy re: 37 Response in Opposition to Motion Declaration Of Aarti G. Reddy In Support Of Plaintiffs Request For Sanctions And Opposition To Defendants Motion For Stay Of Proceedings With Respect To Defendant Office Of The Inspector General, And Second Request For Modification Of The Briefing Schedule . filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Reddy, Aarti) (Entered: 07/19/2016)
2016-07-1939DECLARATION of Mitra Ebadolahi re: 37 Response in Opposition to Motion Declaration Of Mitra Ebadolahi In Support Of Plaintiffs Request For Sanctions And Opposition To Defendants Motion For Stay Of Proceedings With Respect To Defendant Office Of The Inspector General, And Second Request For Modification Of The Briefing Schedule . filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) (Entered: 07/19/2016)
2016-07-1940*REQUEST for Judicial Notice re: 37 Response in Opposition to Motion Plaintiffs Request Judicial Notice In Support Of Its Request For Sanctions And Opposition To Defendants Motion For Stay Of Proceedings With Respect To Defendant Office Of The Inspector General, And Second Request For Modification Of The Briefing Schedule by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) *Modified to correct event on 7/20/2016 (ATD). (Entered: 07/19/2016)
2016-07-2041ORDER: IT IS ORDERED granting 36 Plaintiffs' Motion to Withdraw James Duff Lyall as counsel of record for the Plaintiffs. Signed by Judge John J Tuchi on 7/19/16.(JAMA) (Entered: 07/20/2016)
2016-07-2242REPLY to Response to Motion re: 34 MOTION to Stay PROCEEDINGS WITH RESPECT TO DEFENDANT OFFICE OF THE INSPECTOR GENERAL, AND SECOND REQUEST FOR MODIFICATION OF THE BRIEFING SCHEDULE MOTION for Modification of Briefing Schedule filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Affidavit Ferrand Declaration)(Newton, Emily) (Entered: 07/22/2016)
2016-08-0443NOTICE of Appearance by Kathleen E Brody on behalf of American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Brody, Kathleen) (Entered: 08/04/2016)
2016-09-0244ORDER: IT IS ORDERED that the parties shall appear before this Court in Courtroom 505, Sandra Day O'Connor United States Courthouse, 401 W. Washington St., Phoenix, Arizona 85003, on September 16, 2016, at 2 p.m. for a hearing on Defendant's Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule (Doc. 34 ), including the status of document production, and Plaintiffs' Motion for Sanctions (Doc. 37 ). IT IS FURTHER ORDERED that Counsel to the Inspector General appear before the Court at the September 16, 2016 hearing. IT IS FURTHER ORDERED that during pendency of these proceedings, Defendant shall continue to produce responsive documents on a rolling basis and will redouble its efforts, working diligently towards the production of all responsive documents, utilizing the identified resources and progress initiatives indicated in its Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule (Doc. 34 ). (See attached Order for details). Signed by Judge John J Tuchi on 9/2/16. (JAMA) (Entered: 09/02/2016)
2016-09-0745Joint MOTION to Continue HEARING ON DEFENDANT'S MOTION TO STAY PROCEEDINGS AND SECOND MOTION FOR MODIFICATION OF THE BRIEFING SCHEDULE AND PLAINTIFFS' REQUEST FOR SANCTIONS by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Text of Proposed Order)(Reddy, Aarti) (Entered: 09/07/2016)
2016-09-0946ORDER: IT IS HEREBY ORDERED granting the parties' Joint Motion to Continue Hearing on Defendant's Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule and Plaintiffs' Request for Sanctions (Doc. 45 ). The 2:00 p.m. hearing on September 16, 2016 is vacated and reset for 8:00 a.m. on October 3, 2016. The parties shall appear before this Court in Courtroom 505, Sandra Day O'Connor United States Courthouse, 401 W. Washington St., Phoenix, Arizona 85003, for a hearing on Defendant's Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule (Doc. 34 ), including the status of document production, and Plaintiffs' Motion for Sanctions (Doc. 37 ). IT IS FURTHER ORDERED that all other aspects of this Court's Order of September 2, 2016 (Doc. 44 ) are in effect. (See attached Order). Signed by Judge John J Tuchi on 9/9/16.(JAMA) (Entered: 09/09/2016)
2016-10-0347MINUTE ENTRY for proceedings held before Judge John J Tuchi: Motion Hearing held on 10/3/2016 re: Defendant's Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule (Doc. 34 ), including the status of document production, and Plaintiffs' Motion for Sanctions (Doc. 37 ). Discussion held. For reasons as stated on the record, IT IS ORDERED granting in part and denying in part Defendant's Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule (Doc. 34 ). IT IS FURTHER ORDERED that by no later than noon on Friday, 10/7/2016, the parties shall file with the Court a joint proposed schedule for the remaining components of the delivery of documents, indices and briefing schedule. IT IS FURTHER ORDERED taking under advisement Plaintiffs' Motion for Sanctions (Doc. 37 ). APPEARANCES: Aarti Reddy and Kathleen Brody for Plaintiffs. Emily Newton for Defendants. (Court Reporter Elaine Cropper.) Hearing held 8:01 AM to 8:45 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 10/03/2016)
2016-10-0448TRANSCRIPT REQUEST by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties for proceedings held on 10-03-2016, Judge John J Tuchi hearing judge(s). (Reddy, Aarti) (Entered: 10/04/2016)
2016-10-0649STIPULATION regarding Parties' Proposed Schedule by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 10/06/2016)
2016-10-1150NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 10/03/2016, before Judge John J. Tuchi. (Court Reporter: Elaine Cropper). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/9/2017. (RAP) (Entered: 10/13/2016)
2016-10-1951ORDER: IT IS ORDERED granting 49 the Joint Proposed Schedule. (See attached Order for details and deadlines). Signed by Judge John J Tuchi on 10/19/16. (JAMA) (Entered: 10/19/2016)
2016-11-1652Joint MOTION to Amend/Correct 51 Order on Stipulation by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Declaration of Aarti G. Reddy, # 2 Text of Proposed Order)(Reddy, Aarti) (Entered: 11/16/2016)
2016-11-1853ORDER: IT IS ORDERED granting 52 the Parties' Joint Motion to Amend Scheduling Order. (See attached Order for deadlines and details). Signed by Judge John J Tuchi on 11/18/16.(JAMA) (Entered: 11/18/2016)
2017-02-0654Fourth MOTION for Extension of Time to File Motion for Summary Judgment , Vaughn indices, and accompanying declarations by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 02/06/2017)
2017-02-0755ORDER: IT IS ORDERED granting 54 Defendants' Motion for an Extension of Time to File Motion for Summary Judgment. Defendants have until February 10, 2017, to file their motion for summary judgment, final Vaughn indices, and accompanying declarations. Signed by Judge John J Tuchi on 2/6/17.(JAMA) (Entered: 02/07/2017)
2017-02-1056MOTION for Summary Judgment by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Exhibit A - Howard Declaration (CBP), # 3 Appendix Exhibit A1 - Vaughn Index (CBP), # 4 Affidavit Exhibit B - Pineiro Declaration (ICE), # 5 Appendix Exhibit B1 - Vaughn Index (ICE), # 6 Affidavit Exhibit C - Tyrrell Declaration (CRCL), # 7 Appendix Exhibit C1 - Vaughn Index (CRCL), # 8 Affidavit Exhibit D - Goal Declaration (OIG), # 9 Appendix Exhibit D1 - Vaughn Index (OIG))(Newton, Emily) (Entered: 02/10/2017)
2017-02-1057STATEMENT OF FACTS re: 56 MOTION for Summary Judgment by Defendants United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Newton, Emily) (Entered: 02/10/2017)
2017-02-1558Consent MOTION for Leave to File Excess Pages by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 02/15/2017)
2017-02-1759ORDER: IT IS ORDERED granting Defendants' Nunc Pro Tunc Motion for an Extension of the Page Limits (Doc. 58). Defendants are permitted to file a motion for summary judgment not to exceed 25 pages. In addition, Plaintiffs' combined cross-motion for summary judgment and opposition to Defendants' motion for summary judgment shall not exceed 30 pages; Defendants' opposition to Plaintiffs' cross-motion for summary judgment and reply shall not exceed 15 pages; and Plaintiffs' reply shall not exceed 10 pages. (See attached Order). Signed by Judge John J Tuchi on 2/17/17.(JAMA) (Entered: 02/17/2017)
2017-03-1560ORDER denying 37 Motion for Sanctions with leave to re-file after the Court rules on Defendants' pending Motion for Summary Judgment 56 . Signed by Judge John J. Tuchi on 3/15/17.(CLB) (Entered: 03/15/2017)
2017-03-2861RESPONSE to Motion re: 56 MOTION for Summary Judgment filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) (Entered: 03/28/2017)
2017-03-2862MOTION for Summary Judgment by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Affidavit of Kathryn Huddleston, # 2 Affidavit of James F. Tomsheck, # 3 Text of Proposed Order)(Reddy, Aarti) (Entered: 03/28/2017)
2017-03-2863STATEMENT OF FACTS re: 62 MOTION for Summary Judgment by Plaintiffs American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) (Entered: 03/28/2017)
2017-03-2864*STATEMENT OF FACTS re: 61 Response to Motion for Summary Judgment, 57 Statement of Facts Plaintiffs Controverting Statement of Facts by Plaintiffs American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) *Modified on 3/29/2017 to add document linkage (ATD). (Entered: 03/28/2017)
2017-03-2865DECLARATION of Aarti G. Reddy re: 63 Statement of Facts, 62 MOTION for Summary Judgment . filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Reddy, Aarti) (Entered: 03/28/2017)
2017-03-2866Additional Attachments to Main Document re: 65 Declaration, 63 Statement of Facts, 62 MOTION for Summary Judgment Exhibit 10 by Plaintiffs American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20)(Reddy, Aarti) (Entered: 03/28/2017)
2017-04-0467NOTICE of Attorney Withdrawal Daniel J. Pochoda filed by Kathleen E Brody. (Brody, Kathleen) (Entered: 04/04/2017)
2017-04-1068NOTICE of Appearance by Kathryn Lynn Huddleston on behalf of American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Huddleston, Kathryn) (Entered: 04/10/2017)
2017-04-2569Consent MOTION for Extension of Time to file Reply in Support of Summary Judgment and Opposition to Plaintiffs' Cross Motion for Summary Judgment by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 04/25/2017)
2017-04-2670ORDER: IT IS ORDERED granting 69 Defendants' Unopposed Motion for One-Day Extension To File Their Reply in Support of their Motion for Summary Judgement and Opposition to Plaintiffs' Cross Motion for Summary Judgment. Defendants shall file their Reply no later than Wednesday, April 26, 2017. Signed by Judge John J Tuchi on 4/25/17.(JAMA) (Entered: 04/26/2017)
2017-04-2671*REPLY to Response to Motion re: 56 MOTION for Summary Judgment, RESPONSE to Motion re 62 MOTION for Summary Judgment filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Defendants' Controverting Statement of Facts, # 2 Affidavit CRCL, # 3 Exhibit CRCL A-1, # 4 Exhibit CRCL A-2, # 5 Exhibit CRCL A-3, # 6 Affidavit CBP, # 7 Exhibit CBP B-1, # 8 Exhibit CBP B-2, # 9 Affidavit ICE, # 10 Exhibit ICE Supplemental Vaughn, # 11 Affidavit OIG, # 12 Exhibit OIG Supplemental Vaughn)(Newton, Emily) *Modified at response/linkage on 4/27/2017 (DXD). (Entered: 04/26/2017)
2017-05-1272* MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Affidavit of Aarti G. Reddy, # 2 Text of Proposed Order)(Reddy, Aarti) * Modified to reflect correct event on 5/15/2017 (SLQ). (Entered: 05/12/2017)
2017-05-1573ORDER granting 72 Motion for Extension of Time to File Reply re: 62 MOTION for Summary Judgment. The due date for Plaintiffs to file a reply in support of their Motion for Summary Judgment (Doc. 62 ) is extended to July 7, 2017. Signed by Judge John J Tuchi on 5/15/17. (LAD) (Entered: 05/15/2017)
2017-07-0774REPLY to Response to Motion re: 62 MOTION for Summary Judgment PLAINTIFFS' REPLY IN SUPPORT OF THEIR CROSS MOTION FOR SUMMARY JUDGMENT filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Affidavit of James F. Tomsheck, # 2 Affidavit of Aarti G. Reddy, # 3 Exhibit Index, # 4 Exhibit 21, # 5 Exhibit 22, # 6 Exhibit 23, # 7 Exhibit 24, # 8 Exhibit 25, # 9 Exhibit 26, # 10 Exhibit 27, # 11 Exhibit 28, # 12 Exhibit 29, # 13 Exhibit 30, # 14 Exhibit 31, # 15 Exhibit 32, # 16 Exhibit 33, # 17 Exhibit 34, # 18 Exhibit 35, # 19 Exhibit 36, # 20 Exhibit 37, # 21 Exhibit 38)(Somvichian, Whitty) (Entered: 07/07/2017)
2017-08-0975*NOTICE of Attorney Withdrawal terminating Kathryn Lynn Huddleston by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Brody, Kathleen) *Modified to correct event on 8/10/2017 (DXD). (Entered: 08/09/2017)
2017-08-1476ORDER granting in part and denying in part 56 Defendants Motion for Summary Judgment and 62 Plaintiffs Motion for Summary Judgment. Granting each party leave to re-file abbreviated and non-duplicative motions for summary judgment as set forth in this Order, if necessary. See Order for details. Signed by Judge John J Tuchi on 8/14/17.(DXD) (Entered: 08/14/2017)
2017-08-2877MOTION for Reconsideration re: 76 Order on Motion for Summary Judgment or, in the Alternative, for Partial Stay Pending Potential Appeal by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Robinson, Stuart) (Entered: 08/28/2017)
2017-08-3078NOTICE of Appearance by William Bradford Peard on behalf of American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Peard, William) (Entered: 08/30/2017)
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by FOIA Project Staff