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Case TitleAmerican Civil Liberties Union Foundation v. Department Of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv09020
Date Filed2015-11-17
Date ClosedOpen
JudgeJudge Robert W. Sweet
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU submitted a FOIA request to the Department of Homeland Security for records related to the juvenile referral program, which consists of juveniles held in high-security detention centers for allegedly guiding other migrants across the Mexican border. U.S. Customs and Border Protection responded by disclosing 113 heavily redacted pages. The ACLU appealed the decision, but the appeal had not been resolved by the time the ACLU filed suit. None of the other DHS components responded to the request before the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment Of Homeland Security
DefendantU.S. Customs and Border Protection
DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Citizenship and Immigration Services
DefendantDepartment of Health and Human Services
DefendantOffice of Refugee Resettlement
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [50]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-171COMPLAINT against Citizenship and Immigration Services, Customs and Border Protection (CBP), Department Of Homeland Security, Department of Health and Human Services, Immigration and Customs Enforcement, Office of Refugee Resettlement. (Filing Fee $ 400.00, Receipt Number 0208-11636945)Document filed by American Civil Liberties Union Foundation. (Attachments: # 1 Complaint Part 2)(Nash, Lindsay) (Entered: 11/17/2015)
2015-11-172CIVIL COVER SHEET filed. (Nash, Lindsay) (Entered: 11/17/2015)
2015-11-173RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union Foundation.(Nash, Lindsay) (Entered: 11/17/2015)
2015-11-174NOTICE OF CHANGE OF ADDRESS by Lindsay Cotten Nash on behalf of American Civil Liberties Union Foundation. New Address: American Civil Liberties Union Foundation, 125 Broad Street, 18th Floor, New York, NY, United States 10004, 212-549-2528. (Nash, Lindsay) (Entered: 11/17/2015)
2015-11-175FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The Department of Homeland Security, re: 1 Complaint,. Document filed by American Civil Liberties Union Foundation. (Nash, Lindsay) Modified on 11/20/2015 (pc). (Entered: 11/17/2015)
2015-11-176REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Customs and Border Protection, re: 1 Complaint,. Document filed by American Civil Liberties Union Foundation. (Nash, Lindsay) (Entered: 11/17/2015)
2015-11-177REQUEST FOR ISSUANCE OF SUMMONS as to The Department of Health and Human Services, re: 1 Complaint,. Document filed by American Civil Liberties Union Foundation. (Nash, Lindsay) (Entered: 11/17/2015)
2015-11-178REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by American Civil Liberties Union Foundation. (Nash, Lindsay) (Entered: 11/17/2015)
2015-11-179REQUEST FOR ISSUANCE OF SUMMONS as to The Office of Refugee Resettlement, re: 1 Complaint,. Document filed by American Civil Liberties Union Foundation. (Nash, Lindsay) (Entered: 11/17/2015)
2015-11-1710REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services, re: 1 Complaint,. Document filed by American Civil Liberties Union Foundation. (Nash, Lindsay) (Entered: 11/17/2015)
2015-11-18***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lindsay Cotten Nash. The party information for the following party/parties has been modified: Customs and Border Protection (CBP), Immigration and Customs Enforcement and Citizenship and Immigration Services. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc) (Entered: 11/18/2015)
2015-11-18***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lindsay Cotten Nash. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (pc) (Entered: 11/18/2015)
2015-11-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 11/18/2015)
2015-11-18Magistrate Judge Andrew J. Peck is so designated. (pc) (Entered: 11/18/2015)
2015-11-18Case Designated ECF. (pc) (Entered: 11/18/2015)
2015-11-20***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name on the summons must match the party name on the complaint and ECF. (pc) (Entered: 11/20/2015)
2015-11-2011ELECTRONIC SUMMONS ISSUED as to U.S. Customs and Border Protection. (pc) (Entered: 11/20/2015)
2015-11-2012ELECTRONIC SUMMONS ISSUED as to Department of Health and Human Services. (pc) (Entered: 11/20/2015)
2015-11-2013ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement. (pc) (Entered: 11/20/2015)
2015-11-2014ELECTRONIC SUMMONS ISSUED as to Office of Refugee Resettlement. (pc) (Entered: 11/20/2015)
2015-11-2015ELECTRONIC SUMMONS ISSUED as to U.S. Citizenship and Immigration Services. (pc) (Entered: 11/20/2015)
2015-11-2016REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by American Civil Liberties Union Foundation. (Nash, Lindsay) (Entered: 11/20/2015)
2015-11-2417NOTICE OF APPEARANCE by Cecillia Derphine Wang on behalf of American Civil Liberties Union Foundation. (Wang, Cecillia) (Entered: 11/24/2015)
2015-11-2418NOTICE OF APPEARANCE by Omar C. Jadwat on behalf of American Civil Liberties Union Foundation. (Jadwat, Omar) (Entered: 11/24/2015)
2015-11-2519ELECTRONIC SUMMONS ISSUED as to Department Of Homeland Security. (dgo) (Entered: 11/25/2015)
2015-12-0120AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by American Civil Liberties Union Foundation. (Attachments: # 1 Supplement All summons issued by SDNY)(Nash, Lindsay) (Entered: 12/01/2015)
2015-12-2121NOTICE OF APPEARANCE by Caleb Hayes-Deats on behalf of Department Of Homeland Security, Department of Health and Human Services, Office of Refugee Resettlement, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Hayes-Deats, Caleb) (Entered: 12/21/2015)
2015-12-2222LETTER addressed to Judge Robert W. Sweet from Caleb Hayes-Deats dated December 22, 2015 re: proposed schedule for amended complaint and answer. Document filed by Department Of Homeland Security, Department of Health and Human Services, Office of Refugee Resettlement, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement.(Hayes-Deats, Caleb) (Entered: 12/22/2015)
2015-12-2923MEMO ENDORSEMENT on re: 22 Letter re: schedule for further pleadings, filed by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, Department Of Homeland Security, U.S. Citizenship and Immigration Services, Department of Health and Human Services, Office of Refugee Resettlement. ENDORSEMENT: The proposed schedule is hereby approved. Amended Complaint 12/30/15. Government Response 1/29/2016. (Department Of Homeland Security answer due 1/29/2016; Department of Health and Human Services answer due 1/29/2016; Office of Refugee Resettlement answer due 1/29/2016; U.S. Citizenship and Immigration Services answer due 1/29/2016; U.S. Customs and Border Protection answer due 1/29/2016; U.S. Immigration and Customs Enforcement answer due 1/29/2016.)( Amended Pleadings due by 12/30/2015.) (Signed by Judge Shira A. Scheindlin on 12/29/2015) (cdo) Modified on 1/8/2016 (cdo). (Entered: 12/29/2015)
2015-12-3024AFFIDAVIT OF SERVICE. Service was made by Certified MailCertified Mail. Document filed by American Civil Liberties Union Foundation., AFFIDAVIT OF SERVICE of Summonses, complaint, ECF rules, Individual Rules of Judge Sweet, Individual Rules of Judge Peck served on Hon. Loretta E. Lynch, U.S. Attorney General on 12/30/2015. Service was made by Certified MailCertified Mail. Document filed by American Civil Liberties Union Foundation. (Attachments: # 1 Summons)(Nash, Lindsay) (Entered: 12/30/2015)
2015-12-3025AFFIDAVIT OF SERVICE of Summonses, Complaint, ECF Filing Rules and Instructions, Individual Rules of Judge Sweet, Individual Rules of Judge Peck served on Civil Process Clerk, U.S. Attorney's Office- SDNY on 12/28/2015. Service was made by Certified Mail. Document filed by American Civil Liberties Union Foundation. (Attachments: # 1 Summons)(Nash, Lindsay) (Entered: 12/30/2015)
2015-12-3026FIRST AMENDED COMPLAINT amending 1 Complaint, against Department Of Homeland Security, Department of Health and Human Services, Office of Refugee Resettlement, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement.Document filed by American Civil Liberties Union Foundation. Related document: 1 Complaint, filed by American Civil Liberties Union Foundation. (Attachments: # 1 Complaint Part 2, # 2 Certificate of Service)(Nash, Lindsay) (Entered: 12/30/2015)
2015-12-3027MEMO ENDORSEMENT on re: 22 Letter re: proposed schedule for amended complaint and answer, filed by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, Department Of Homeland Security, U.S. Citizenship and Immigration Services, Department of Health and Human Services, Office of Refugee Resettlement. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 12/26/2015) (spo) (Entered: 12/30/2015)
2016-01-2528PRETRIAL ORDER: Initial Conference set for 4/6/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet, and as further set forth in this order. (Signed by Judge Robert W. Sweet on 1/25/2016) (tn) (Entered: 01/25/2016)
2016-01-2929ANSWER to 26 Amended Complaint,,. Document filed by Department Of Homeland Security, Department of Health and Human Services, Office of Refugee Resettlement, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement.(Hayes-Deats, Caleb) (Entered: 01/29/2016)
2016-04-06Minute Entry for proceedings held before Judge Robert W. Sweet: Initial Pretrial Conference held on 4/6/2016. Hearing schedule for September 15, 2016 (Tentatively). (Chan, Tsz) (Entered: 04/06/2016)
2016-06-3030NOTICE OF CHANGE OF ADDRESS by Lindsay Cotten Nash on behalf of American Civil Liberties Union Foundation. New Address: Cardozo Immigration Justice Clinic, 55 Fifth Avenue, New York, NY, United States 10003, 212-790-0433. (Nash, Lindsay) (Entered: 06/30/2016)
2016-07-1331LETTER addressed to Judge Robert W. Sweet from Lindsay Nash dated July 13, 2016 re: proposed schedule for motion practice and request for adjournment and rescheduling of 9/15/2016 hearing. Document filed by American Civil Liberties Union Foundation. (Attachments: # 1 Text of Proposed Order Proposed Order)(Nash, Lindsay) (Entered: 07/13/2016)
2016-07-1532MEMO ENDORSEMENT on re: 31 Letter filed by American Civil Liberties Union Foundation. (The parties have conferred on a schedule for motion practice and jointly propose the following deadlines: the government will file its motion for partial summary judgment on July 25, 2016; the plaintiff will file its cross-motion for partial summary judgment and opposition on August 22, 2016; the government will file its opposition and reply on September 19, 2016; and the plaintiff will file its reply on October 10, 2016. The parties also request that the Court adjourn the hearing scheduled for September 15, 2016, and reschedule it on a date in the middle or end of October, after briefing has been completed.) ENDORSEMENT: SO ORDERED., ( Cross Motions due by 8/22/2016., Motions due by 7/25/2016., Responses due by 9/19/2016, Replies due by 10/10/2016.) (Signed by Judge Robert W. Sweet on 7/15/2016) (ama) (Entered: 07/15/2016)
2016-07-2533MOTION for Summary Judgment . Document filed by U.S. Customs and Border Protection. Responses due by 8/22/2016(Hayes-Deats, Caleb) (Entered: 07/25/2016)
2016-07-2534MEMORANDUM OF LAW in Support re: 33 MOTION for Summary Judgment . . Document filed by U.S. Customs and Border Protection. (Hayes-Deats, Caleb) (Entered: 07/25/2016)
2016-07-2535DECLARATION of Shari Suzuki in Support re: 33 MOTION for Summary Judgment .. Document filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hayes-Deats, Caleb) (Entered: 07/25/2016)
2016-07-2636ORDER: The Defendants' motion for summary judgment, dated July 25, 2016, shall be heard at noon on Thursday, September 22, 2016 inCourtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. Motion Hearing set for 9/22/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 7/26/2016) (cf) (Entered: 07/26/2016)
2016-08-0137ORDER: This order will supersede docket entry # 36 on ECF. The Defendants' motion for summary judgment, dated July 25, 2016, shall be heard at noon on Thursday, October 27, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. Motion Hearing set for 10/27/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 7/30/2016) (cf) (Entered: 08/01/2016)
2016-08-2238MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union Foundation. Responses due by 9/19/2016(Nash, Lindsay) (Entered: 08/22/2016)
2016-08-2239MEMORANDUM OF LAW in Support re: 38 MOTION for Partial Summary Judgment . . Document filed by American Civil Liberties Union Foundation. (Attachments: # 1 Plaintiff's Statement Pursuant to Local Rule 56.1)(Nash, Lindsay) (Entered: 08/22/2016)
2016-08-2240DECLARATION of Lindsay Nash in Support re: 38 MOTION for Partial Summary Judgment .. Document filed by American Civil Liberties Union Foundation. (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Ex. 3- Part 1, # 4 Ex. 3- Part 2, # 5 Ex. 2- Part 3, # 6 Ex. 3- Part 4, # 7 Ex. 4, # 8 Ex. 5- Part 1, # 9 Ex. 5- Part 2, # 10 Ex. 6, # 11 Ex. 7, # 12 Ex. 8, # 13 Ex. 9, # 14 Ex. 10, # 15 Ex. 11, # 16 Ex. 12, # 17 Ex. 13, # 18 Ex. 14, # 19 Ex. 15, # 20 Ex. 16, # 21 Ex. 17, # 22 Ex. 18)(Nash, Lindsay) (Entered: 08/22/2016)
2016-08-22***STRICKEN DOCUMENT. Deleted document number [40 (#15: Exhibit 11)] from the case record. The document was stricken from this case pursuant to 48 Memo Endorsement. (rjm) (Entered: 09/20/2016)
2016-08-2341ORDER with respect to 38 Motion for Partial Summary Judgment: The Plaintiff's cross-motion for partial summary judgment, dated August 22, 2016, shall be heard at noon on Thursday, October 27, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. (Signed by Judge Robert W. Sweet on 8/23/2016) (tn) (Entered: 08/23/2016)
2016-08-23Set/Reset Deadlines as to 38 MOTION for Partial Summary Judgment : Motion Hearing set for 10/27/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (tn) (Entered: 08/23/2016)
2016-09-1242NOTICE OF APPEARANCE by Elizabeth Tulis on behalf of Department Of Homeland Security, Department of Health and Human Services, Office of Refugee Resettlement, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Entered: 09/12/2016)
2016-09-1943LETTER addressed to Judge Robert W. Sweet from Lindsay Nash dated 09/19/2016 re: Amending Dkt. 40, Ex. 11. Document filed by American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit)(Nash, Lindsay) (Entered: 09/19/2016)
2016-09-1944REPLY MEMORANDUM OF LAW in Support re: 33 MOTION for Summary Judgment . The Government's Reply Memorandum of Law in Further Support of U.S. Customs and Border Protection's Motion for Partial Summary Judgment and in Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment . Document filed by Department Of Homeland Security, Department of Health and Human Services, Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Entered: 09/19/2016)
2016-09-1945DECLARATION of Shari Suzuki in Support re: 33 MOTION for Summary Judgment .. Document filed by Department Of Homeland Security, U.S. Customs and Border Protection. (Tulis, Elizabeth) (Entered: 09/19/2016)
2016-09-1946DECLARATION of Fernando Pineiro in Opposition re: 38 MOTION for Partial Summary Judgment .. Document filed by Department Of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A)(Tulis, Elizabeth) (Entered: 09/19/2016)
2016-09-1947DECLARATION of Kimberly N. Epstein in Opposition re: 38 MOTION for Partial Summary Judgment .. Document filed by Department of Health and Human Services, Office of Refugee Resettlement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tulis, Elizabeth) (Entered: 09/19/2016)
2016-09-2048MEMO ENDORSEMENT on re: 43 LETTER addressed to Judge Robert W. Sweet from Lindsay Nash dated 09/19/2016 re: Amending Dkt. 40, Ex. 11. Document filed by American Civil Liberties Union Foundation. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 9/20/2016) (rjm) (Entered: 09/20/2016)
2016-10-1049REPLY MEMORANDUM OF LAW in Support re: 38 MOTION for Partial Summary Judgment . . Document filed by American Civil Liberties Union Foundation. (Nash, Lindsay) (Entered: 10/10/2016)
2016-10-27Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 10/27/2016 re: 33 MOTION for Summary Judgment filed by U.S. Customs and Border Protection. Decision Reserved. (Chan, Tsz) (Entered: 10/28/2016)
2017-03-2250OPINION re: 33 MOTION for Summary Judgment filed by U.S. Customs and Border Protection, 38 MOTION for Partial Summary Judgment filed by American Civil Liberties Union Foundation. The CBP motion for summary judgment with respect to Exemption 7(E) is denied and with respect to Exemptions 6, 7(C), 7(F) is granted. The ACLUF motion for summary judgment with respect to Exemption 7(E) is granted and denied with respect to Form 93, and the ORR and ICE production. (Signed by Judge Robert W. Sweet on 3/22/2017) (ras) (Entered: 03/22/2017)
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by FOIA Project Staff