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Case TitleTUSHNET v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00907
Date Filed2015-06-12
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffREBECCA TUSHNET
Case DescriptionRebecca Tushnet, a professor at Georgetown University Law School, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning clothing seized or impounded by ICE from 2012 to the present. Tushnet requested a fee waiver, which was denied, but granted on appeal. The agency then told Tushnet her request was not specific enough and that the agency would close her request. She contacted the agency and argued that the request was not too vague, but after hearing nothing further from the agency she filed suit.
Complaint issues: Request - Specificity, Litigation - Attorney's fees

DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [37]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-06-121COMPLAINT for Declaratory and Injunctive Relief against UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-4134047) filed by REBECCA TUSHNET. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Kirkpatrick, Michael) (Entered: 06/12/2015)
2015-06-12Case Assigned to Judge Christopher R. Cooper. (md) (Entered: 06/12/2015)
2015-06-122SUMMONS (3) Issued Electronically as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 06/12/2015)
2015-06-123RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/12/2015. Answer due for ALL FEDERAL DEFENDANTS by 7/12/2015. (Kirkpatrick, Michael) (Entered: 06/12/2015)
2015-06-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/23/2015. (Kirkpatrick, Michael) (Entered: 06/29/2015)
2015-06-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 6/23/2015 (Kirkpatrick, Michael) (Entered: 06/29/2015)
2015-07-136Consent MOTION for Extension of Time to File Answer by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 07/13/2015)
2015-07-14MINUTE ORDER granting 6 Consent MOTION for Extension of Time to File Answer; and it is further ORDERED that Defendants Answer shall be filed on or before August 12, 2015. Signed by Judge Christopher R. Cooper on 7/14/2015. (tcr) (Entered: 07/14/2015)
2015-08-057Second MOTION for Extension of Time to File Answer by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 08/05/2015)
2015-08-058Memorandum in opposition to re 7 Second MOTION for Extension of Time to File Answer filed by REBECCA TUSHNET. (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 08/05/2015)
2015-08-07MINUTE ORDER granting 7 Second MOTION for Extension of Time to File Answer; and it is further ORDERED that Defendant's Answer shall be filed on or before August 26, 2015. Signed by Judge Christopher R. Cooper on 08/07/2015. (lccrc2, ) (Entered: 08/07/2015)
2015-08-079NOTICE of Appearance by Meghan Boone on behalf of REBECCA TUSHNET (Boone, Meghan) (Entered: 08/07/2015)
2015-08-2610ANSWER to Complaint by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit)(Maier, Peter) (Entered: 08/26/2015)
2015-08-2611ORDER FOR INITIAL SCHEDULING CONFERENCE: The above-captioned case has been assigned to this Judge for resolution. It is hereby ORDERED that the Initial Scheduling Conference be set for Wednesday, September 30, 2015 at 10:00 AM in Courtroom 27A. Counsel who attend must be sufficiently familiar with the case to answer any questions that arise. In accordance with Rule 16.3(a) of the Local Civil Rules and Federal Rule of Civil Procedure 26(f)(1), counsel (including any nonprisoner pro se party) shall confer at least 21 days prior to the date of the Initial Scheduling Conference to discuss the matters outlined in Local Civil Rule 16.3(c). (SEE ORDER FOR FULL DETAILS). Signed by Judge Christopher R. Cooper on 08/26/2015. (lccrc2) (Entered: 08/26/2015)
2015-08-27Set/Reset Hearings: Initial Scheduling Conference set for 9/30/2015 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (tcr) (Entered: 08/27/2015)
2015-09-2212Unopposed MOTION to Continue Initial Scheduling Conference by REBECCA TUSHNET (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 09/22/2015)
2015-09-23MINUTE ORDER granting 12 MOTION to Continue Initial Scheduling Conference. The Initial Scheduling Conference previously scheduled for September 30, 2015 at 10:00 AM has been RESCHEDULED for Wednesday, October 14, 2015 at 10:00 AM in Courtroom 27A. The parties are directed to submit their Joint Report on or before October 7, 2015. Signed by Judge Christopher R. Cooper on 09/23/2015. (lccrc2) (Entered: 09/23/2015)
2015-09-23Set/Reset Hearings: Initial Scheduling Conference set for 10/14/2015 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (tcr) (Entered: 09/23/2015)
2015-10-0713MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Kirkpatrick, Michael) (Entered: 10/07/2015)
2015-10-13MINUTE ORDER: The Initial Scheduling Conference set for Wednesday, October 14, 2015 at 10:00 AM is hereby VACATED. In accordance with the parties' 13 Meet and Confer Statement, the Court enters the following SCHEDULING ORDER to govern future proceedings in this matter: The parties shall complete discussions regarding the adequacy of ICE's search for documents by October 14, 2015; ICE shall produce all responsive documents for which it does not claim an Exemption, or for which it has not provided a submitter with notice and an opportunity to object, by November 11, 2015; Defendant shall submit its Motion for Summary Judgment with, as applicable, a Vaughn Index and/or Declarations regarding the search, by December 11, 2015; Plaintiff shall submit her Opposition and Cross-Motion for Summary Judgment by January 5, 2016; Defendant shall submit its Reply in support of its Motion and its Opposition to Plaintiff's Cross-Motion by January 26, 2016; and Plaintiff shall submit her Reply in support of her Cross-Motion by February 9, 2016. Signed by Judge Christopher R. Cooper on 10/13/2015. (lccrc2) (Entered: 10/13/2015)
2015-12-1114Joint MOTION to Amend/Correct Order,,,, of Scheduling by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 12/11/2015)
2015-12-11MINUTE ORDER granting 14 Joint MOTION to Amend/Correct Scheduling Order. The Court's Scheduling Order entered on October 13, 2015 is hereby STAYED. If the parties can agree on a proposed Amended Scheduling Order, they shall file it by December 15, 2015. If the parties cannot agree on a proposed schedule, Defendant shall file its proposal by December 16, 2015, and Plaintiff shall file its proposal by December 18, 2015. It is further ORDERED that the parties submit briefs addressing the adequacy of Defendant's search for records containing written text (excluding photos) responsive to Request No. 1 as follows: Defendant's brief and supporting declaration(s) due by January 15, 2016; Plaintiff's brief due by January 29, 2016; and Defendant's reply due by February 5, 2016. Signed by Judge Christopher R. Cooper on 12/11/2015. (lccrc2) (Entered: 12/11/2015)
2015-12-1615RESPONSE TO ORDER OF THE COURT re Order on Motion to Amend/Correct,,, Scheduling Order filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Maier, Peter) (Entered: 12/16/2015)
2015-12-1816RESPONSE TO ORDER OF THE COURT re Order on Motion to Amend/Correct,,, Plaintiff's Proposal to Amend The Scheduling Order filed by REBECCA TUSHNET. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Amended Scheduling Order)(Kirkpatrick, Michael) (Entered: 12/18/2015)
2016-01-0517AMENDED SCHEDULING ORDER: It is hereby ORDERED that future production and briefing in this case be governed by the schedule attached herein. Signed by Judge Christopher R. Cooper on 1/5/2016. (lccrc2) (Entered: 01/05/2016)
2016-01-1518RESPONSE TO ORDER OF THE COURT re Order on Motion to Amend/Correct,,, As To Search for Records filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration, # 2 Exhibit)(Maier, Peter) (Entered: 01/15/2016)
2016-01-2919RESPONSE TO ORDER OF THE COURT re Order on Motion to Amend/Correct,,, Plaintiff's Brief Addressing The Adequacy of Defendant's Search for Records Containing Written Text Responsive to Request No. 1 filed by REBECCA TUSHNET. (Attachments: # 1 Declaration of Michael T. Kirkpatrick with attached Exhibits, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 01/29/2016)
2016-02-0520REPLY re Order on Motion to Amend/Correct,,, Adequacy of Search for Records filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration)(Maier, Peter) (Entered: 02/05/2016)
2016-02-0821Unopposed MOTION for Leave to File Sur-Reply Addressing the Adequacy of Defendant's Search for Records by REBECCA TUSHNET (Attachments: # 1 Exhibit Plaintiff's Sur-Reply, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 02/08/2016)
2016-02-1222NOTICE OF SUBSTITUTION OF COUNSEL by Jason Todd Cohen on behalf of All Defendants Substituting for attorney Peter R. Maier (Cohen, Jason) (Entered: 02/12/2016)
2016-03-1423Joint STATUS REPORT by REBECCA TUSHNET. (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 03/14/2016)
2016-03-14MINUTE ORDER: In light of 23 the parties' Joint Status Report, the Court hereby enters the following production schedule: Defendant shall produce all remaining photographs responsive to Plaintiffs' Request No. 1, other than those for which it claims an exemption, by April 1, 2016, and any remaining issues with regard to the photographs responsive to Plaintiffs Request No. 1 shall be addressed on the same briefing schedule already entered by the Court with respect to Plaintiff's Request Nos. 2 through 6. See Amended Scheduling Order, ECF No. 17, at 1. Signed by Judge Christopher R. Cooper on 3/14/2016. (lccrc2) (Entered: 03/14/2016)
2016-03-2824Consent MOTION for Extension of Time to File Motion for Summary Judgment and to Modify Briefing Schedule by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 03/28/2016)
2016-04-04MINUTE ORDER granting 24 Defendant's Motion for Extension of Time to File Motion for Summary Judgment. It is hereby ORDERED that the 17 Amended Scheduling Order previously entered in this case be AMENDED as follows: Defendant's Motion for Summary Judgment shall be due by April 29, 2016; Plaintiff's Opposition and Cross-Motion shall be due by May 20, 2016; Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall be due on June 10, 2016; and Plaintiff's Reply shall be due by June 24, 2016. Signed by Judge Christopher R. Cooper on 4/4/2016. (lccrc2) (Entered: 04/04/2016)
2016-04-2925MOTION for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 04/29/2016)
2016-04-2926AFFIDAVIT re 25 MOTION for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibits to Declaration of Fernando Pineiro)(Cohen, Jason) (Entered: 04/29/2016)
2016-05-2027Cross MOTION for Summary Judgment and Memorandum in Support by REBECCA TUSHNET (Attachments: # 1 Statement of Facts with attached Exhibits, # 2 Statement of Facts Response to Defendant's Statement of Facts, # 3 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 05/20/2016)
2016-05-2028Memorandum in opposition to re 25 MOTION for Summary Judgment filed by REBECCA TUSHNET. (Attachments: # 1 Statement of Facts with attached Exhibits, # 2 Statement of Facts Response to Defendant's Statement of Facts, # 3 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 05/20/2016)
2016-06-0929Consent MOTION for Extension of Time to File Response/Reply as to 27 Cross MOTION for Summary Judgment and Memorandum in Support , 25 MOTION for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 06/09/2016)
2016-06-10MINUTE ORDER granting 29 Defendant's Motion for Extension of Time to File Response/Reply. Defendant shall have until June 30, 2016 to file its reply in support of its motion and opposition to Plaintiff's cross-motion, and Plaintiff shall have until July 14, 2016 to file her reply in support of her cross-motion. Signed by Judge Christopher R. Cooper on 6/10/2016. (lccrc2) (Entered: 06/10/2016)
2016-06-13Set/Reset Deadlines: Defendant shall have until 6/30/2016 to file its reply in support of its motion and opposition to Plaintiff's cross-motion, and Plaintiff shall have until 7/14/2016 to file her reply in support of her cross-motion. (kt) (Entered: 06/13/2016)
2016-06-3030REPLY to opposition to motion re 25 MOTION for Summary Judgment and Response to Plaintiff's Statement of Undisputed Material Facts filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Supplemental Declaration of Fernando Pineiro in Support of U.S. Immigration and Customs Enforcement's Motion for Summary Judgment)(Cohen, Jason) (Entered: 06/30/2016)
2016-06-3031Memorandum in opposition to re 27 Cross MOTION for Summary Judgment and Memorandum in Support filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Cohen, Jason) (Entered: 06/30/2016)
2016-07-1432REPLY to opposition to motion re 27 Cross MOTION for Summary Judgment and Memorandum in Support filed by REBECCA TUSHNET. (Kirkpatrick, Michael) (Entered: 07/14/2016)
2016-07-2933NOTICE of Change of Address by Michael T. Kirkpatrick (Kirkpatrick, Michael) (Entered: 07/29/2016)
2016-08-0334NOTICE OF WITHDRAWAL OF APPEARANCE as to REBECCA TUSHNET. Attorney Meghan Boone terminated. (Boone, Meghan) (Entered: 08/03/2016)
2016-09-16MINUTE ORDER granting 21 Plaintiff's Unopposed Motion for Leave to File a Sur-Reply regarding the adequacy of Defendant's search for records containing written text responsive to part 1 of the request. Signed by Judge Christopher R. Cooper on 9/16/2016. (lccrc2) (Entered: 09/16/2016)
2016-09-1635SURREPLY Addressing the Adequacy of Defendant's Search for Records Containing Written Text REsponsive to Request No. 1 filed by REBECCA TUSHNET. (td) (Entered: 09/19/2016)
2016-12-09MINUTE ORDER: The parties are hereby ORDERED to appear before the Court to present oral arguments re 18 Defendant's Brief Addressing the Adequacy of its Search Regarding Part I of Plaintiff's FOIA Request, 25 Defendant's Motion for Summary Judgment, and 27 Plaintiff's Cross-Motion for Summary Judgment on 12/21/2016 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 12/9/2016. (lccrc2) (Entered: 12/09/2016)
2016-12-09Set/Reset Hearings: Motion Hearing set for 12/21/2016 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (zlsj) (Entered: 12/09/2016)
2016-12-21Minute Entry for proceedings held before Judge Christopher R. Cooper: Motion Hearing held on 12/21/2016 re 25 MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT and 27 Cross MOTION for Summary Judgment and Memorandum in Support filed by REBECCA TUSHNET. Motions Taken Under Advisement; Order forthcoming. (Court Reporter Pat Kaneshiro-Miller) (zlsj) (Entered: 12/21/2016)
2017-03-3136ORDER denying 25 Defendant's Motion for Summary Judgment, and reserving judgment in part and denying in part 27 Plaintiff's Cross-Motion for Summary Judgment. Please refer to full order for further details. Signed by Judge Christopher R. Cooper on 3/31/2017. (lccrc2) (Entered: 03/31/2017)
2017-03-3137MEMORANDUM OPINION re 25 Defendant's Motion for Summary Judgment and 27 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 3/31/2017. (lccrc2) (Entered: 03/31/2017)
2017-04-03Set/Reset Deadlines: Defendant shall either release responsive materialand/or renew its motion for summary judgment along with a supplemental declaration justifying its position by 5/31/2017. (zlsj) (Entered: 04/03/2017)
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by FOIA Project Staff