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Case TitleAmerican Civil Liberties Union of San Diego and Imperial Counties v. U.S. Department of Homeland Security et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2017cv00733
Date Filed2017-04-12
Date ClosedOpen
JudgeJudge M. James Lorenz
PlaintiffAmerican Civil Liberties Union of San Diego and Imperial Counties
Case DescriptionThe ACLU of San Diego 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 San Diego also requested a fee waiver. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, the ACLU of San Diego filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-121COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0974-9979023.), filed by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:17-cv-733-L-JLB. Judge M. James Lorenz and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Burke, Thomas)(mpl) (jao). (Entered: 04/12/2017)
2017-04-122NOTICE OF RELATED CASE(S) by American Civil Liberties Union of San Diego and Imperial Counties re 1 Complaint,. (mpl) (jao). (Entered: 04/12/2017)
2017-04-123NOTICE of Party With Financial Interest by American Civil Liberties Union of San Diego and Imperial Counties re 1 Complaint, (mpl) (jao). (Entered: 04/12/2017)
2017-04-124Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mpl) (jao). (Entered: 04/12/2017)
2017-04-125NOTICE of Appearance by Daniel Aaron Laidman on behalf of American Civil Liberties Union of San Diego and Imperial Counties (Laidman, Daniel)Attorney Daniel Aaron Laidman added to party American Civil Liberties Union of San Diego and Imperial Counties(pty:pla) (fth). (Entered: 04/12/2017)
2017-04-136Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 5 Notice of Appearance from Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. Non-compliance with local rule(s), Civ. L. Rule 5.1: Improper Format. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 4/13/2017.(sjt) (Entered: 04/13/2017)
2017-04-197NOTICE of Appearance of Mitra Ebadolahi by Mitra Ebadolahi on behalf of American Civil Liberties Union of San Diego and Imperial Counties (Attachments: # 1 Proof of Service)(Ebadolahi, Mitra)Attorney Mitra Ebadolahi added to party American Civil Liberties Union of San Diego and Imperial Counties(pty:pla) (fth). (Entered: 04/19/2017)
2017-05-088NOTICE of Appearance by Chetan A Patil on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Patil, Chetan)Attorney Chetan A Patil added to party U.S. Customs and Border Protection(pty:dft), Attorney Chetan A Patil added to party U.S. Department of Homeland Security(pty:dft) (QC mailer sent re: proof of service not field as separate attachment) (sjt). (Entered: 05/08/2017)
2017-05-089NOTICE of Appearance by Matthew Joseph Berns on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Berns, Matthew)Attorney Matthew Joseph Berns added to party U.S. Customs and Border Protection(pty:dft), Attorney Matthew Joseph Berns added to party U.S. Department of Homeland Security(pty:dft) (QC mailer sent re: proof of service not field as separate attachment) (sjt). (Entered: 05/08/2017)
2017-05-0810NOTICE of Motion filed with the JPMDL to Transfer Action Pursuant to 28 U.S.C. 1407 by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibits 1-3)(Patil, Chetan) (sjt). (Entered: 05/08/2017)
2017-05-1011Ex Parte MOTION for Extension of Time to File Answer or otherwise respond to Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan)(QC mailer sent re: proof of service not filed as separate attachment) (sjt). (Entered: 05/10/2017)
2017-05-1112MOTION to Stay Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Memo of Points and Authorities)(Patil, Chetan) (sjt). (Entered: 05/11/2017)
2017-05-1213ORDER denying without Prejudice 11 Ex Parte Motion for Extension of Time to Answer. Signed by Judge M. James Lorenz on 5/11/2017. (sjt) (Entered: 05/12/2017)
2017-05-1214Ex Parte MOTION for Extension of Time to File Answer or otherwise respond to the Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Declaration of Chetan A. Patil)(Patil, Chetan) (QC mailer sent re: proof of service not filed as separate attachment) (sjt). (Entered: 05/12/2017)
2017-05-1515ORDER granting 14 Motion for Extension of Time to Answer. No later than July 2, 2017, Defendants shall serve and file their response to the complaint, if any. Signed by Judge M. James Lorenz on 5/15/2017. (sjt) (Entered: 05/15/2017)
2017-05-1616NOTICE of MDL Filing: Defendants' Motion for Transfer of Actions Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (jjg) (Entered: 05/19/2017)
2017-05-3117NOTICE of Filing with MDL Panel, Opposition to Defendants' Motion to Transfer to the District of Columbia for Consolidation by American Civil Liberties Union of San Diego and Imperial Counties (Attachments: # 1 Exhibit Memorandum of Plaintiffs, 42 American Civil Liberties Union Affiliates, In Opposition To Defendants' Motion for Transfer to the District of Columbia for Consolidation)(Burke, Thomas) Modified on 6/1/2017 (sjt). (Entered: 05/31/2017)
2017-06-0118NOTICE of MDL Filing: Notice of Appearance (jjg) (Entered: 06/02/2017)
2017-06-0619NOTICE NOTICE of Filing with MDL Panel of Reply Brief by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1 - JPML Reply Brief)(Patil, Chetan) Modified on 6/7/2017 (sjt). (Entered: 06/06/2017)
2017-06-0720NOTICE of MDL Filing: Amended Notice of Appearance (jjg) (Entered: 06/07/2017)
2017-06-1221RESPONSE in Opposition re 12 MOTION to Stay Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer Opposition to Defendants' Motion to Stay Proceedings filed by American Civil Liberties Union of San Diego and Imperial Counties. (Charney, Brendan) (QC mailer sent re: proof of service not filed as separate attachment) (sjt). (Entered: 06/12/2017)
2017-06-1922REPLY to Response to Motion re 12 MOTION to Stay Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proof of Service)(Patil, Chetan) (sjt). (Entered: 06/19/2017)
2017-06-2123SUPPLEMENTAL DOCUMENT by American Civil Liberties Union of San Diego and Imperial Counties re 21 Response in Opposition to Motion, to Stay Proceedings . (Attachments: # 1 Exhibit A, # 2 Proof of Service)(Laidman, Daniel) (sjt). (Entered: 06/21/2017)
2017-06-2224NOTICE of Supplemental Authority by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 12 MOTION to Stay Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer (Attachments: # 1 Exhibit 1 - Central District of California Order, # 2 Proof of Service)(Patil, Chetan) (sjt). (Entered: 06/22/2017)
2017-06-2225SUPPLEMENTAL DOCUMENT by American Civil Liberties Union of San Diego and Imperial Counties re 21 Response in Opposition to Motion, To Stay . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proof of Service)(Laidman, Daniel)(sjt). (Entered: 06/22/2017)
2017-06-2226Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 23 Supplemental Document, from Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. Non-compliance with local rule(s), ECF § 2(g)(2) - Documents in Support not filed as attachments. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 6/22/2017.(sjt) (Entered: 06/22/2017)
2017-06-2327Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 24 Notice (Other),, from Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. Non-compliance with local rule(s), ECF § 2(g)(2) Document in support not filed as attachment. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 6/23/2017.(sjt) (Entered: 06/23/2017)
2017-06-2328Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 25 Supplemental Document, from Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. Non-compliance with local rule(s), ECF § 2(g)(2) Document in support not filed as attachment. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 6/23/2017.(sjt) (Entered: 06/23/2017)
2017-06-2729NOTICE of Supplemental Authority by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1 - Eastern District of Virginia Order, # 2 Proof of Service)(Patil, Chetan) (lrf). (Entered: 06/27/2017)
2017-06-2830NOTICE of Supplemental Authority by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1 - Northern District of Illinois Order, # 2 Proof of Service)(Patil, Chetan) (lrf). (Entered: 06/28/2017)
2017-06-2931NOTICE of Supplemental Authority by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1 - Southern District of Florida Order, # 2 Proof of Service)(Patil, Chetan) (lrf). (Entered: 06/29/2017)
2017-06-3032ANSWER to 1 Complaint, by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proof of Service)(Patil, Chetan) (acc). (Entered: 06/30/2017)
2017-07-0333NOTICE of Supplemental Authority by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1 - Northern District of Georgia Order, # 2 Proof of Service)(Patil, Chetan) (sjt). (Entered: 07/03/2017)
2017-07-0634SUMMONS Returned Executed by American Civil Liberties Union of San Diego and Imperial Counties. All Defendants served. (Laidman, Daniel) (sjt). (Entered: 07/06/2017)
2017-07-0635NOTICE of MDL Filing: Plaintiff's Brief In Opposition to Defendant's Motion to Stay Proceedings in the United States District Court for the Eastern District of Michigan (jjg) (Entered: 07/06/2017)
2017-07-3137NOTICE of MDL Filing: Letter re Requests Regarding Executive Order 13769 (jjg) (Entered: 08/02/2017)
2017-08-0136NOTICE of MDL Filing: Amended Notice of Presentation or Waiver of Oral Argument (jjg) (Entered: 08/02/2017)
2017-08-0338ORDER denying 12 Defendant's Motion to Stay. Signed by Judge M. James Lorenz on 8/3/2017. (sjt) (Entered: 08/03/2017)
2017-08-1039ORDER Setting Briefing Schedule : The Administrative Record shall be filed with the Court by August 30, 2017. Plaintiff shall file and serve his motion for summary judgment on or before September 8, 2017. On or before September 22, 2017, Defendants shall file and serve a consolidated memorandum of points and authorities consisting of their opposition and cross-motion for summary judgment, if any. On or before September 29, 2017, Plaintiff shall file and serve its consolidated memorandum of points and authorities consisting of its opposition to Defendants' cross-motion and reply to their opposition, if any. On or before October 6, 2017, Defendants shall file any reply to Plaintiffs opposition. Upon filing the foregoing, the matter will be deemed submitted on the briefs. There will be no oral argument unless requested by the Court. Signed by Judge M. James Lorenz on 8/10/2017.(sjt) (Entered: 08/10/2017)
2017-08-1540NOTICE of MDL Filing: Order Denying Transfer (jjg) (Entered: 08/15/2017)
2017-08-2241Joint MOTION to Modify Schedule re 39 Order Setting Briefing Schedule,,, by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proof of Service)(Berns, Matthew) (sjt). (Entered: 08/22/2017)
2017-08-2442ORDER granting in part and denying in part 41 Joint Motion to Modify Schedule. The August 10, 2017, Order Setting Briefing Schedule 39 is vacated. The parties shall forthwith contact the chambers of Magistrate Judge Jill L. Burkhardt to set a Neutral Evaluation Conference. The request for extension of time, implied in the Joint Motion to Modify Schedule, is denied for failure to show good cause. Any further requests for extension of time must be supported by a showing of good cause pursuant to Federal Rule of Civil Procedure 6(b)(1)(A) or (B), as appropriate depending on the timing of the request. Signed by Judge M. James Lorenz on 8/24/2017. (sjt) (jao). (Entered: 08/24/2017)
2017-09-0143NOTICE AND ORDER for Early Neutral Evaluation Conference Early Neutral Evaluation set for 9/27/2017 09:00 AM before Magistrate Judge Jill L. Burkhardt. Case Management Conference set for 9/27/2017 09:00 AM before Magistrate Judge Jill L. Burkhardt. Joint Discovery Plan due 9/13/2017. Signed by Magistrate Judge Jill L. Burkhardt on 9/1/2017.(sjt) (Entered: 09/01/2017)
2017-09-0644Joint MOTION Modify Order Setting Early Neutral Evaluation Conference and Case Management Conference re 43 Notice and Order for Early Neutral Evaluation conference, by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Declaration Declaration of Thomas R. Burke In Support of Joint Motion, # 2 Declaration Declaration of Dan Laidman In Support of Joint Motion, # 3 Proof of Service Certificate of Service)(Burke, Thomas) (sjt). (Entered: 09/06/2017)
2017-09-1145MINUTE ORDER by Magistrate Judge Jill L. Burkhardt granting ECF No. 44 Joint Motion to Modify Order Setting Early Neutral Evaluation Conference and Case Management Conference: For sufficient cause shown, the Joint Motion to Modify is GRANTED (ECF No. 44 ). The date for the Early Neutral Evaluation and Case Management Conferences is RESET for 10/17/2017 at 01:45 PM in the Chambers of Magistrate Judge Jill L. Burkhardt, Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 5140, San Diego, California 92101. This order does not otherwise alter the mandatory directions and other dates and deadlines set forth in the Court's 9/1/2017 Order (ECF No. 43 ). (no document attached) (smm) (Entered: 09/11/2017)
2017-09-1346JOINT DISCOVERY PLAN by American Civil Liberties Union of San Diego and Imperial Counties and Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection (Attachments: # 1 Proof of Service)(Burke, Thomas) (sjt). (Entered: 09/13/2017)
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