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Case TitleMichigan Immigrant Rights Center et al v. Department of Homeland Security et al
DistrictEastern District of Michigan
CityAnn Arbor
Case Number5:2016cv14192
Date Filed2016-11-30
Date ClosedOpen
JudgeDistrict Judge John Corbett O'Meara
PlaintiffMichigan Immigrant Rights Center
PlaintiffDr. Geoffrey Alan Boyce
PlaintiffDr. Elizabeth Oglesby
PlaintiffAmerican Civil Liberties Union of Michigan
Case DescriptionThe Michigan Immigrant Rights Center and the ACLU of Michigan submitted a FOIA request to U.S. Customs and Border Protection for records concerning the agency's interior enforcement operations in the Detroit sector. The agency disclosed more than 4600 pages redacted under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods and techniques). The agency provided no records pertaining to the second section of the request. The organizations filed an administrative appeal during the processing of the request and the agency closed the appeal because it had not finished processing the records. The Michigan Immigrant Rights Center then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
DefendantCustomers and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [19]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-301COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5979051 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: USA. [ Previously dismissed case: No] [ Possible companion case(s): None ] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A (5/21/15 FOIA Request)) (Damren, Samuel) (Entered: 11/30/2016)
2016-11-302EXHIBIT re 1 Complaint,, by All Plaintiffs (Attachments: # 1 Exhibit B (Cover email), # 2 Exhibit C (7/13/15 resubmission of FOIA request), # 3 Exhibit D (FOIA Receipt), # 4 Exhibit E (10/6/15 email), # 5 Exhibit F (10/14/15 Aukerman Leter), # 6 Exhibit G (10/21/15 (email), # 7 Exhibit H (11/19/15 Aukerman Letter)) (Damren, Samuel) (Entered: 11/30/2016)
2016-11-303EXHIBIT re 1 Complaint,, by All Plaintiffs (Attachments: # 1 Exhibit I (1/12/16 Howard Letter), # 2 Exhibit J (2/29/16 Appeal Letter), # 3 Exhibit K (5/9/16 Closure Letter), # 4 Exhibit L (9/30/16 Suzuki Letter), # 5 Exhibit M (10/21/15 Email), # 6 Exhibit N (10/30/15 Email), # 7 Exhibit O (10/26/16 Aukerman Email), # 8 Exhibit P (2/26/16 Plaintiffs' Letter)) (Damren, Samuel) (Entered: 11/30/2016)
2016-11-304ATTORNEY APPEARANCE: Miriam J. Aukerman appearing on behalf of All Plaintiffs (Aukerman, Miriam) (Entered: 11/30/2016)
2016-11-305NOTICE of Appearance by Corey Q. Wheaton on behalf of Dr. Elizabeth Oglesby, Dr. Geoffrey Alan Boyce, Michigan Immigrant Rights Center. (Wheaton, Corey) (Entered: 11/30/2016)
2016-11-30A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LGra) (Entered: 11/30/2016)
2016-11-306SUMMONS Issued for *Customers and Border Protection* (LGra) (Entered: 11/30/2016)
2016-11-307SUMMONS Issued for *Department of Homeland Security* (LGra) (Entered: 11/30/2016)
2016-12-158SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (LGra) (Entered: 12/15/2016)
2016-12-309NOTICE of Appearance by Derri T. Thomas on behalf of Customers and Border Protection, Department of Homeland Security. (Thomas, Derri) (Entered: 12/30/2016)
2017-01-0310STIPULATED ORDER Extending Time to Answer 1 Complaint; Responsive Pleading due by 2/6/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 01/03/2017)
2017-02-0611NOTICE of Appearance by Emily B. Nestler on behalf of All Defendants. (Nestler, Emily) (Entered: 02/06/2017)
2017-02-0612ANSWER to Complaint by All Defendants. (Nestler, Emily) (Entered: 02/06/2017)
2017-02-0913NOTICE TO APPEAR: Scheduling Conference set for 3/3/2017 09:30 AM before District Judge John Corbett O'Meara, or file Rule 26(f) Plan. (WBar) (Entered: 02/09/2017)
2017-02-21Reset Deadlines/Hearings: Scheduling Conference reset for 3/24/2017 09:30 AM before District Judge John Corbett O'Meara, or file Rule 26(f) Plan. (WBar) (Entered: 02/21/2017)
2017-03-2014MOTION Motion to Deem Certain Allegations in the Complaint Admitted Under Fed.R.Civ.Pro. 8(B)(6) or, In The Alternative, to Take a Limited Fed.R.Civ.Pro. 30(B)(6) Deposition by All Plaintiffs. (Damren, Samuel) (Entered: 03/20/2017)
2017-03-21TEXT-ONLY NOTICE: Scheduling Conference on 3/24/2017 is Cancelled. (WBar) (Entered: 03/21/2017)
2017-03-2115Notice of Determination of Motion Without Oral Argument re 14 MOTION Motion to Deem Certain Allegations in the Complaint Admitted Under Fed.R.Civ.Pro. 8(B)(6) or, In The Alternative, to Take a Limited Fed.R.Civ.Pro. 30(B)(6) Deposition (WBar) (Entered: 03/21/2017)
2017-03-2316STIPULATION for Defendants to file First Amended Answer by All Defendants (Attachments: # 1 Exhibit First Amended Answer) (Nestler, Emily) (Entered: 03/23/2017)
2017-03-24TEXT-ONLY ORDER Granting 16 Stipulation for Leave to File Amended Answer. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/24/2017)
2017-04-0317RESPONSE to 14 MOTION Motion to Deem Certain Allegations in the Complaint Admitted Under Fed.R.Civ.Pro. 8(B)(6) or, In The Alternative, to Take a Limited Fed.R.Civ.Pro. 30(B)(6) Deposition , or in the Alternative, Cross-Motion to Strke Certain Allegations in the Complaint filed by All Defendants. (Nestler, Emily) (Entered: 04/03/2017)
2017-04-1018REPLY to Response re 14 MOTION Motion to Deem Certain Allegations in the Complaint Admitted Under Fed.R.Civ.Pro. 8(B)(6) or, In The Alternative, to Take a Limited Fed.R.Civ.Pro. 30(B)(6) Deposition filed by All Plaintiffs. (Attachments: # 1 Exhibit A - 4-6-17 Correspondence from U.S. Customs and Border Protection) (Damren, Samuel) (Entered: 04/10/2017)
2017-06-0819OPINION AND ORDER denying 14 Motion to Deem Certain Allegations in the Complaint Admitted. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/08/2017)
2017-06-0820NOTICE TO APPEAR: Scheduling Conference set for 7/14/2017 10:00 AM before District Judge John Corbett O'Meara, or file Rule 26(f) Plan. (WBar) (Entered: 06/08/2017)
2017-07-1121DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Damren, Samuel) (Entered: 07/11/2017)
2017-07-12TEXT-ONLY NOTICE: Scheduling Conference on 7/14/17 is Cancelled re 20 Notice to Appear (WBar) (Entered: 07/12/2017)
2017-07-2822AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A (5/21/15 FOIA Request), # 3 Exhibit B (5/21/15 Cover Email), # 4 Exhibit C (7/13/15 Resubmission of FOIA Request), # 5 Exhibit 7/13/15 Receipt of FOIA Request), # 6 Exhibit 10/6/15 Email Deny Expedited Processing), # 7 Exhibit F (10/14/15 Letter Appealing Denial), # 8 Exhibit G (10/21/15 Email re Fee Waiver), # 9 Exhibit 11/19/15 Letter Appealing Failure to Make Timely Determination), # 10 Exhibit I (1/12/16 Letter re Initial Response to FOIA Request), # 11 Exhibit J (2/29/16 Appeal Letter), # 12 Exhibit K (5/9/16 Administrative Closure), # 13 Exhibit L (9/30/16 Letter re Appeal of Expedited Processing), # 14 Exhibit M (10/21/15 Email), # 15 Exhibit N (10/30/15 Email), # 16 Exhibit 10/26/16 Email Seeking Clarification on Case Numbers), # 17 Exhibit P (2/26/16 Letter re Problems with FOIA Online System), # 18 Exhibit Q (5/3/17 2017 FOIA Request), # 19 Exhibit R (5/16/17 2017 FOIA Return Receipt)) (Damren, Samuel) (Entered: 07/28/2017)
2017-08-0423STIPULATED ORDER Regarding Scheduling and Discovery Plan; Joint Status Report due by 9/18/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/04/2017)
2017-08-1124ANSWER to Amended Complaint by Customers and Border Protection, Department of Homeland Security. (Nestler, Emily) (Entered: 08/11/2017)
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by FOIA Project Staff