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Case TitleACLU of Hawai'i et al v. US Dept of Homeland Security
DistrictNorthern District of California
CityOakland
Case Number4:2017cv01970
Date Filed2017-04-10
Date ClosedOpen
JudgeHon. Saundra Brown Armstrong
PlaintiffACLU of Northern California
PlaintiffACLU of Hawai'i
PlaintiffACLU of Utah
Case DescriptionThe ACLU of Northern California, the ACLU of Hawaii, and the ACLU of Utah submitted FOIA requests to the Department of Homeland Security and U.S. Customs and Border Protection for records concerning local implementation of President Trump's travel ban. The ACLU of Northern California, the ACLU of Hawaii, and the ACLU of Utah also requested a fee waiver. The agency acknowledged receipt of the requests, but after hearing nothing further from the agencies, the ACLU of Northern California, the ACLU of Hawaii, and the ACLU of Utah filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-101COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et seq. against United States Customs and Border Protection, United States Department of Homeland Security ( Filing fee $ 400, receipt number 0971-11300996.). Filed byACLU of Northern California, ACLU of Utah, ACLU of Hawai'i. (Attachments: # 1 Exhibit Exhibit A to Complaint, # 2 Exhibit Exhibit B to Complaint, # 3 Exhibit Exhibit C to Complaint)(Burke, Thomas) (Filed on 4/10/2017) (Entered: 04/10/2017)
2017-04-102Civil Cover Sheet by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah . (Burke, Thomas) (Filed on 4/10/2017) (Entered: 04/10/2017)
2017-04-103Proposed Summons. (Burke, Thomas) (Filed on 4/10/2017) (Entered: 04/10/2017)
2017-04-104MOTION for leave to appear in Pro Hac Vice Re: Mateo Cabellero (Filing fee $310, receipt number 0971-11303686) filed by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah. (Attachments: # 1 Certificate of Good Standing)(Caballero, Mateo) (Filed on 4/10/2017) Modified on 4/11/2017 (cjlS, COURT STAFF). (Entered: 04/10/2017)
2017-04-105Case assigned to Hon. Saundra Brown Armstrong. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (haS, COURT STAFF) (Filed on 4/10/2017) (Entered: 04/10/2017)
2017-04-116NOTICE of Appearance by Linda Lye (Lye, Linda) (Filed on 4/11/2017) (Entered: 04/11/2017)
2017-04-117Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/5/2017. Case Management Conference set for 7/12/2017 02:30 PM. (cjlS, COURT STAFF) (Filed on 4/11/2017) (Entered: 04/11/2017)
2017-04-118Summons Issued as to United States Customs and Border Protection, United States Department of Homeland Security, U.S. Attorney. (cjlS, COURT STAFF) (Filed on 4/11/2017) (Entered: 04/11/2017)
2017-04-129MOTION for leave to appear in Pro Hac Vice Re: Leah Farrell ( Filing fee $ 310, receipt number 0971-11308522.) filed by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah. (Attachments: # 1 Exhibit Certificate of Good Standing)(Farrell, Leah) (Filed on 4/12/2017) (Entered: 04/12/2017)
2017-04-1210Order by Hon. Saundra Brown Armstrong granting 4 Motion for Pro Hac Vice by Mateo Caballero.(dtmS, COURT STAFF) (Filed on 4/12/2017) (Entered: 04/12/2017)
2017-04-1211Order by Hon. Saundra Brown Armstrong granting 9 Motion for Pro Hac Vice by Leah Farrell.(dtmS, COURT STAFF) (Filed on 4/12/2017) (Entered: 04/12/2017)
2017-04-2512CASE MANAGEMENT SCHEDULING ORDER FOR ASSIGNED CIVIL CASE. Joint Case Management Statement due by 7/6/2017. Telephonic Case Management Conference set for 7/13/2017 02:30 PM. Signed by Judge Saundra B Armstrong on 4/25/17. (dtmS, COURT STAFF) (Filed on 4/25/2017) (Entered: 04/25/2017)
2017-05-0813NOTICE of Appearance by Matthew J. Berns (Berns, Matthew) (Filed on 5/8/2017) (Entered: 05/08/2017)
2017-05-0814NOTICE of Appearance by Patil Chetan (Chetan, Patil) (Filed on 5/8/2017) (Entered: 05/08/2017)
2017-05-0815NOTICE by United States Customs and Border Protection, United States Department of Homeland Security of Motion filed with the JPML to Transfer Action Pursuant to 28 U.S.C. 1407 (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transfer Motion, # 3 Exhibit 2 - Supporting Memorandum, # 4 Exhibit 3 - Schedule of Actions)(Berns, Matthew) (Filed on 5/8/2017) (Entered: 05/08/2017)
2017-05-1016STIPULATION WITH PROPOSED ORDER regarding extension of time to respond to Complaint filed by United States Customs and Border Protection, United States Department of Homeland Security, ACLU of Hawai'i, ACLU of Northern California and ACLU of Utah. (Chetan, Patil) (Filed on 5/10/2017) Modified on 5/11/2017 (jmlS, COURT STAFF). (Entered: 05/10/2017)
2017-05-1017MOTION to Stay Proceedings pending decision by Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer filed by United States Customs and Border Protection, United States Department of Homeland Security. Motion Hearing set for 6/14/2017 01:00 PM in Courtroom 210, 2nd Floor, Bankruptcy Court, Oakland before Hon. Saundra Brown Armstrong. Responses due by 5/24/2017. Replies due by 5/31/2017. (Attachments: # 1 Declaration of Matthew J. Berns)(Chetan, Patil) (Filed on 5/10/2017) (Entered: 05/10/2017)
2017-05-1118Order by Hon. Saundra Brown Armstrong granting 16 Stipulation re Extension of Time to Respond to Complaint.(dtmS, COURT STAFF) (Filed on 5/11/2017) (Entered: 05/11/2017)
2017-05-11Set Deadlines/Hearings: Joint Case Management Statement due by 8/23/2017. Telephonic Case Management Conference set for 8/30/2017 02:30 PM. (dtmS, COURT STAFF) (Filed on 5/11/2017) (Entered: 05/11/2017)
2017-05-2419OPPOSITION/RESPONSE (re 17 MOTION to Stay Proceedings pending decision by Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer ) Opposition to Defendants' Motion to Stay Proceedings filed by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah. (Burke, Thomas) (Filed on 5/24/2017) Modified on 5/24/2017 (jmlS, COURT STAFF). (Entered: 05/24/2017)
2017-05-3120NOTICE by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah of Filing Opposition to Defendants' Motion to Transfer to District of Columbia for Consolidation (Attachments: # 1 Exhibit Memorandum of Plaintiffs, 42 American Civil Liberties Union Affiliates, in Opposition to Defendants' Motion for Transfer to District of Columbia for Consolidation)(Burke, Thomas) (Filed on 5/31/2017) (Entered: 05/31/2017)
2017-05-3121REPLY (re 17 MOTION to Stay Proceedings pending decision by Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer ) filed byUnited States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Declaration of Chetan A. Patil)(Chetan, Patil) (Filed on 5/31/2017) (Entered: 05/31/2017)
2017-06-0622NOTICE of Filing of JPML Reply Brief by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 JPML Reply Brief)(Berns, Matthew) (Filed on 6/6/2017) Modified on 6/7/2017 (cjlS, COURT STAFF). (Entered: 06/06/2017)
2017-06-0723CLERK'S NOTICE. You are hereby notified that the 6/14/2017 hearing re 17 Motion to Stay is VACATED. The motion will be decided on the papers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 6/7/2017) (Entered: 06/07/2017)
2017-06-0724STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byACLU of Hawai'i, ACLU of Northern California, ACLU of Utah. (Related document(s) 19 ) (Burke, Thomas) (Filed on 6/7/2017) (Entered: 06/07/2017)
2017-06-1925NOTICE of Decision in Related Case by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 District of Maine Order)(Chetan, Patil) (Filed on 6/19/2017) Modified on 6/20/2017 (cjlS, COURT STAFF). (Entered: 06/19/2017)
2017-06-2126STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byACLU of Hawai'i, ACLU of Northern California, ACLU of Utah. (Related document(s) 19 ) (Burke, Thomas) (Filed on 6/21/2017) (Entered: 06/21/2017)
2017-06-2227STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byUnited States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Central District of California Order)(Related document(s) 17 ) (Chetan, Patil) (Filed on 6/22/2017) (Entered: 06/22/2017)
2017-06-2228Order by Hon. Saundra Brown Armstrong denying 17 Motion to Stay Proceedings.(dtmS, COURT STAFF) (Filed on 6/22/2017) (Entered: 06/22/2017)
2017-06-2629ANSWER to Complaint byUnited States Customs and Border Protection, United States Department of Homeland Security. (Berns, Matthew) (Filed on 6/26/2017) (Entered: 06/26/2017)
2017-08-0330MDL ORDER Denying Transfer (jmlS, COURT STAFF) (Filed on 8/3/2017) (Entered: 08/04/2017)
2017-08-1431STIPULATION WITH PROPOSED ORDER re Joint Request for Extension of ADR Deadline filed by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah. (Burke, Thomas) (Filed on 8/14/2017) (Entered: 08/14/2017)
2017-08-1532Order by Hon. Saundra Brown Armstrong granting 31 Stipulation for Extension of ADR Deadline.(dtmS, COURT STAFF) (Filed on 8/15/2017) (Entered: 08/15/2017)
2017-08-2333JOINT CASE MANAGEMENT STATEMENT filed by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah, United States Department of Homeland Security and United States Customs and Border Protection. (Lye, Linda) (Filed on 8/23/2017) Modified on 8/24/2017 (jmlS, COURT STAFF). (Entered: 08/23/2017)
2017-08-2334STIPULATION WITH PROPOSED ORDER Requesting Relief from Automatic Referral to ADR filed by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah., United States Department of Homeland Security and United States Customs and Border Protection. (Lye, Linda) (Filed on 8/23/2017) Modified on 8/24/2017 (jmlS, COURT STAFF). (Entered: 08/23/2017)
2017-08-24Electronic filing error. There is no [Proposed] Order attached to your document as stated on the caption page. Please re-file the document with the [proposed] order or file the [proposed] order as a separate document Re: 33 Joint Case Management Statement, filed by United States Customs and Border Protection, ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah, United States Department of Homeland Security. (jmlS, COURT STAFF) (Filed on 8/24/2017) (Entered: 08/24/2017)
2017-08-2435JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order (Corrected) filed by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah. (Lye, Linda) (Filed on 8/24/2017) (Entered: 08/24/2017)
2017-08-2536Error, See Entry 37 Order by Hon. Saundra Brown Armstrong granting 34 Stipulation for Relief from Automatic Referral to ADR Multi-Option Program.(dtmS, COURT STAFF) (Filed on 8/25/2017) Modified on 8/25/2017 (dtmS, COURT STAFF). (Entered: 08/25/2017)
2017-08-2537Order by Hon. Saundra Brown Armstrong granting 34 Stipulation for Relief from Automatic Referral to ADR Multi-Option Program. (dtmS, COURT STAFF) (Filed on 8/25/2017) (Entered: 08/25/2017)
2017-08-2838NOTICE of Substitution of Counsel by James Bickford (Bickford, James) (Filed on 8/28/2017) (Entered: 08/28/2017)
2017-08-3039CLERK'S NOTICE. The Case Management Conference set for today, 8/30/2017, is OFF CALENDAR. The Court will be issuing an order resetting the date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 8/30/2017) (Entered: 08/30/2017)
2017-08-3040ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Joint Status Report due by 10/6/2017. Telephonic Case Management Conference set for 10/18/2017 02:30 PM. Signed by Judge Saundra B Armstrong on 8/30/17. (dtmS, COURT STAFF) (Filed on 8/30/2017) Modified on 8/30/2017 (dtmS, COURT STAFF). (Entered: 08/30/2017)
2017-10-0641STATUS REPORT (Joint) by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah. (Lye, Linda) (Filed on 10/6/2017) (Entered: 10/06/2017)
2017-10-1342Joint STATUS REPORT by ACLU of Hawai'i, ACLU of Northern California, ACLU of Utah, U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Burke, Thomas) (Filed on 10/13/2017) Modified on 10/16/2017 (jmlS, COURT STAFF). (Entered: 10/13/2017)
2017-10-1843CLERK'S NOTICE. You are hereby notified that the Telephonic Case Management Conference set for 10/18/2017 is continued to 10/26/2017 at 2:30 pm. Plaintiff's counsel is to set up the conference call with all the parties on the line and call chambers at (510) 879-3550. (No party shall contact chambers directly without prior authorization of the court.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 10/18/2017) (Entered: 10/18/2017)
2017-10-2644Minute Entry for proceedings held before Judge Saundra Brown Armstrong: Telephonic Case Management Conference held on 10/26/2017. Court Reporter: Not Reported. (dtmS, COURT STAFF) (Date Filed: 10/26/2017) (Entered: 10/26/2017)
2017-10-2745NOTICE by United States Customs and Border Protection, United States Department of Homeland Security of Filing of Orders in Parallel Cases (Attachments: # 1 Exhibit Washington Order, # 2 Exhibit Michigan Order)(Bickford, James) (Filed on 10/27/2017) (Entered: 10/27/2017)
2017-11-0346ORDER. Signed by Judge Saundra B. Armstrong on 11/3/17. (dtmS, COURT STAFF) (Filed on 11/3/2017) (Entered: 11/06/2017)
2017-11-1647JOINT STATUS REPORT by United States Customs and Border Protection, United States Department of Homeland Security, ACLU of Hawai'i, ACLU of Northern California and ACLU of Utah. (Attachments: # 1 Exhibit)(Bickford, James) (Filed on 11/16/2017) Modified on 11/17/2017 (jmlS, COURT STAFF). (Entered: 11/16/2017)
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by FOIA Project Staff