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Case TitleKNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00548
Date Filed2017-03-27
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffKNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY
Case DescriptionThe Knight First Amendment Institute at Columbia University submitted a FOIA request to the Department of Homeland Security for records concerning the search of individuals' cell phones at the border. The request also asked for expedited processing. U.S. Immigration and Customs Enforcement did not acknowledge receipt of the request, although DHS and Customs and Border Protection did acknowledge receipt of the request. After hearing nothing further from the agency or its two components, the Knight First Amendment Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Expedited processing

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantUNITED STATES CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-271COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-4889730) filed by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Hellman, Matthew) (Entered: 03/27/2017)
2017-03-272LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Hellman, Matthew) (Entered: 03/27/2017)
2017-03-273MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Susan Kohlmann, :Firm- Jenner & Block LLP, :Address- 919 Third Avenue, New York, NY 10022. Phone No. - 212-891-1690. Fax No. - 212-891-1699 Filing fee $ 100, receipt number 0090-4890070. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration in Support, # 2 Proposed Order)(Hellman, Matthew) (Entered: 03/27/2017)
2017-03-274MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Caroline M. DeCell, :Firm- Jenner & Block LLP, :Address- 919 Third Avenue, New York, NY 10022. Phone No. - 212-891-1694. Fax No. - 212-891-1699 Filing fee $ 100, receipt number 0090-4890091. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration in Support, # 2 Proposed Order)(Hellman, Matthew) (Entered: 03/27/2017)
2017-03-275MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael E. Stewart, :Firm- Jenner & Block LLP, :Address- 1099 New York Avenue, NW, Suite 900, Washington, D.C. 20001. Phone No. - 202-637-6329. Fax No. - 202-639-6066 Filing fee $ 100, receipt number 0090-4890116. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration in Support, # 2 Proposed Order)(Hellman, Matthew) (Entered: 03/27/2017)
2017-03-28Case Assigned to Judge Tanya S. Chutkan. (sb) (Entered: 03/28/2017)
2017-03-286SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 03/28/2017)
2017-03-287MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alex Abdo, :Firm- Knight First Amendment Institute at Columbia University, :Address- 535 West 116th Street, 314 Low Library, New York, NY 10027. Phone No. - 2128549600. Fax No. - 2128547997 Filing fee $ 100, receipt number 0090-4891896. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 03/28/2017)
2017-03-288MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine Fallow, :Firm- Knight First Amendment Institute at Columbia University, :Address- 535 West 116th Street, 314 Low Library, New York, NY 10027. Phone No. - 2128549600. Fax No. - 2128547997 Filing fee $ 100, receipt number 0090-4891942. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 03/28/2017)
2017-04-079NOTICE of Appearance by David Michael Glass on behalf of All Defendants (Glass, David) (Entered: 04/07/2017)
2017-04-18MINUTE ORDER: Granting 3 4 [ 5] [ 7] [ 8] Motions for Leave to Appear Pro Hac Vice. Susan Kohlmann, Caroline M. DeCell, Michael E. Stewart, Alexander Abraham Abdo and Katherine Amy Fallow are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 4/18/17. (DJS) (Entered: 04/18/2017)
2017-04-1910AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES CUSTOMS AND BORDER PROTECTION filed by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY. (Attachments: # 1 Exhibit A, # 2 Summons)(Hellman, Matthew) (Entered: 04/19/2017)
2017-04-1911NOTICE of Appearance by Joshua Harris Rubin on behalf of KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Rubin, Joshua) (Entered: 04/19/2017)
2017-04-2012SUMMONS (1) Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Consent Forms)(zrdj) (Entered: 04/20/2017)
2017-04-28MINUTE ORDER: Granting 7 Motion for Leave to Appear Pro Hac Vice. Alexander Abraham Abdo is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 4/28/17. (DJS) (Entered: 04/28/2017)
2017-05-0313RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 4/3/2017 (Hellman, Matthew) (Entered: 05/03/2017)
2017-05-0314RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/3/2017. Answer due for ALL FEDERAL DEFENDANTS by 5/3/2017. (Hellman, Matthew) (Entered: 05/03/2017)
2017-05-0315RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/03/2017. (Hellman, Matthew) (Entered: 05/03/2017)
2017-05-0316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 4/24/2017 (Hellman, Matthew) (Entered: 05/03/2017)
2017-05-0317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 4/3/2017 (Hellman, Matthew) (Entered: 05/03/2017)
2017-05-0318ANSWER to 10 Amended Complaint, by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. Related document: 10 Amended Complaint, filed by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY. (Attachments: # 1 Ex. List, # 2 Ex. A, # 3 Ex. B, # 4 Ex. C, # 5 Ex. D, # 6 Ex. E, # 7 Ex. F, # 8 Ex. G, # 9 Ex.H, # 10 Ex. I, # 11 Ex. J, # 12 Ex. K)(Glass, David) (Entered: 05/03/2017)
2017-05-0419NOTICE of Appearance by Scott B. Wilkens on behalf of KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Wilkens, Scott) (Entered: 05/04/2017)
2017-05-16MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 6/6/17. Signed by Judge Tanya S. Chutkan on 5/16/17. (DJS) (Entered: 05/16/2017)
2017-05-18Set/Reset Deadlines: Joint Status Report due by 6/6/2017. (tb) (Entered: 05/18/2017)
2017-06-0220MOTION to Withdraw as Attorney by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration of Joshua H. Rubin, # 2 Text of Proposed Order, # 3 Certificate of Service)(Rubin, Joshua) (Entered: 06/02/2017)
2017-06-0621Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 06/06/2017)
2017-06-08MINUTE ORDER: Granting 20 Motion to Withdraw. The Clerk of the Court shall terminate Attorney Joshua Harris Rubin as counsel for the Plaintiff. Signed by Judge Tanya S. Chutkan on 6/8/17. (DJS) (Entered: 06/08/2017)
2017-06-08MINUTE ORD: Having considered the parties' Joint Status report, it is hereby ordered that the parties shall file another Joint Status Report (and proposed order) by 8/14/17. Signed by Judge Tanya S. Chutkan on 6/8/17. (DJS) (Entered: 06/08/2017)
2017-06-09Set/Reset Deadlines: Status Report (and proposed order) due by 8/14/17. (jth) (Entered: 06/09/2017)
2017-08-0322NOTICE of Change of Address by Caroline M. DeCell (DeCell, Caroline) (Entered: 08/03/2017)
2017-08-1423Joint STATUS REPORT (Second) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 08/14/2017)
2017-08-17MINUTE ORDER: Having considered the parties' Joint Status Report 23 it is hereby ordered that the parties shall file another joint status report and proposed order by October 16, 2017, and every 45 days thereafter. Signed by Judge Tanya S. Chutkan on 8/17/17. (DJS) (Entered: 08/17/2017)
2017-08-22Set/Reset Deadlines: Joint Status Report due by 10/16/2017. (tb) (Entered: 08/22/2017)
2017-10-1624Joint STATUS REPORT (Third) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 10/16/2017)
2017-11-3025Joint STATUS REPORT (Fourth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 11/30/2017)
2018-01-1626Joint STATUS REPORT (Fifth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 01/16/2018)
2018-01-3127NOTICE of Change of Address by Alexander Abraham Abdo (Abdo, Alexander) (Entered: 01/31/2018)
2018-02-09MINUTE ORDER: A status conference is hereby set for 2/16/18 at 10:15 am in Courtroom 9. Signed by Judge Tanya S. Chutkan on 2/9/18. (DJS) (Entered: 02/09/2018)
2018-02-12Set/Reset Hearings: Status Conference set for 2/16/2018 at 10:15 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 02/12/2018)
2018-02-13Set/Reset Hearings: Status Conference set for 02/16/18 is now RESCHEDULED to 2/21/2018 at 11:15 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 02/13/2018)
2018-02-21Minute Entry: Status Conference held on 2/21/2018 before Judge Tanya S. Chutkan: Parties are ordered to continue to meet and confer regarding the scope of search requests and the format of documents produced. Parties will file a joint status report on 03/02/18 . (Court Reporter Bryan Wayne) (tb) Modified on 2/21/2018 (tb). (Entered: 02/21/2018)
2018-02-26MINUTE ORDER: The parties shall file a joint status report by 5/21/18 along with a proposed order. Signed by Judge Tanya S. Chutkan on 2/26/18. (DJS) (DJS) (Entered: 02/26/2018)
2018-02-27Set/Reset Deadlines: Joint Status Report due by 5/21/2018. (tb) (Entered: 02/27/2018)
2018-03-0428TRANSCRIPT OF 2/21/18 STATUS HEARING before Judge Tanya S. Chutkan held on February 21, 2018. Page Numbers: 1-13. Date of Issuance: March 4, 2018. Court Reporter: Bryan A. Wayne. Transcripts may be ordered at www.dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/25/2018. Redacted Transcript Deadline set for 4/4/2018. Release of Transcript Restriction set for 6/2/2018.(Wayne, Bryan) (Entered: 03/04/2018)
2018-05-2129Joint STATUS REPORT (Sixth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 05/21/2018)
2018-05-24MINUTE ORDER: Having considered the parties' Joint Status Report 29 , it is hereby ordered that the parties shall file another joint report and proposed order by June 29, 2018. At a minimum, the report shall set forth: (1) the efforts of the parties to define the search that DHS is required to conduct; (2) the scope of CBP's response to Item 2(b), including the sampling methodology utilized and status of the parties' discussions regarding criteria for the identification of additional reports; and (3) the rate at which DHS and CBP will process records in view of the order dated May 14, 2018, in DHS v. Muslim Advocates, No. 1:17-cv-00813-TSC (D.D.C.). Signed by Judge Tanya S. Chutkan on 5/24/18. (DJS) (Entered: 05/24/2018)
2018-05-25Set/Reset Deadlines: Joint Status Report due by 6/29/2018. (tb) (Entered: 05/25/2018)
2018-06-2930Joint STATUS REPORT (Seventh) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 06/29/2018)
2018-07-17MINUTE ORDER: Having considered the parties' Joint Status Report 30 , it is hereby ordered that the parties shall file another joint report by August 2, 2018 and every 60 days thereafter. To the extent the report contains a proposed production or briefing schedule, the parties shall include a proposed order. Signed by Judge Tanya S. Chutkan on 7/17/18. (DJS) (Entered: 07/17/2018)
2018-07-19Set/Reset Deadlines: Joint Status Report due by 8/2/2018. (tb) (Entered: 07/19/2018)
2018-08-0231Joint STATUS REPORT (Eighth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 08/02/2018)
2018-08-13MINUTE ORDER: A Status Conference is hereby set or 8/22/18 at 12:15 pm in Courtroom 9. Signed by Judge Tanya S. Chutkan on 8/13/18. (DJS) (Entered: 08/13/2018)
2018-08-15Set/Reset Hearings: Status Conference set for 8/22/2018 at 12:15 PM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 08/15/2018)
2018-08-22Minute Entry: Status Conference held on 8/22/2018 before Judge Tanya S. Chutkan: Defendant's search should be completed by 10/1/2018. Joint Status Report due by 10/8/2018. (Court Reporter Bryan Wayne) (tb) (Entered: 08/22/2018)
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