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Case TitleAmerican Civil Liberties Union of Georgia, Inc. et al v. U.S. Department of Homeland Security et al
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2017cv01309
Date Filed2017-04-12
Date ClosedOpen
JudgeJudge Richard W. Story
PlaintiffAmerican Civil Liberties Union of Georgia, Inc.
PlaintiffAmerican Civil Liberties Union of North Carolina, Inc.
PlaintiffAmerican Civil Liberties Union of South Carolina, Inc.
PlaintiffAmerican Civil Liberties Union of West Virginia, Inc.
Case DescriptionThe ACLU of Georgia, North Carolina, South Carolina, and West Virginia submitted a FOIA request to U.S. Customs and Boarder Protection for records concerning the local implementation of President Trump's travel ban. The State ACLUs also requested expedited processing and a fee waiver. After hearing nothing further from the agency, the State ACLUs filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Expedited processing, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. 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

2017-04-121COMPLAINT filed by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of West Virginia, Inc., American Civil Liberties Union of South Carolina, Inc. ( Filing fee $ 400 receipt number 113E-7084219.) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 04/12/2017)
2017-04-122Electronic Summons Issued as to U.S. Customs and Border Protection and U.S. Department of Homeland Security. (Attachments: # 1 Summons U.S. Department of Homeland Security)(bnw) (Entered: 04/12/2017)
2017-04-13Notification of Docket Correction: Judge Duffey entered on case in error, case assigned to Jude Story (aar) (Entered: 04/13/2017)
2017-04-133Certificate of Interested Persons by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 04/13/2017)
2017-04-134Court Notice Of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk) (Entered: 04/13/2017)
2017-05-085NOTICE of Appearance by Matthew J. Berns on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Berns, Matthew) (Entered: 05/08/2017)
2017-05-086NOTICE by U.S. Customs and Border Protection, U.S. 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) (Entered: 05/08/2017)
2017-05-107Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint with Brief In Support by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 05/10/2017)
2017-05-118ORDER granting 7 Motion for Extension of Time to Answer or Otherwise Respond to 1 Complaint. U.S. Customs and Border Protection Answer due 7/1/2017; U.S. Department of Homeland Security Answer due 7/1/2017. Signed by Judge Richard W. Story on 5/11/2017. (bdb) (Entered: 05/11/2017)
2017-05-129MOTION to Stay Proceedings Pending Decision on Motion to Transfer with Brief In Support by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Brief)(Berns, Matthew) (Entered: 05/12/2017)
2017-05-2310Consent MOTION for Extension of Time to Respond to Defendants' Motion to Stay Proceedings Pending Decision on Motion to Transfer re: 9 MOTION to Stay Proceedings Pending Decision on Motion to Transfer by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 05/23/2017)
2017-05-2411ORDER granting 10 Consent Motion for Extension of Time for Plaintiffs to Respond to 9 MOTION to Stay Proceedings Pending Decision on Motion to Transfer to 6/9/2017. Signed by Judge Richard W. Story on 5/24/2017. (bdb) (Entered: 05/24/2017)
2017-06-0612NOTICE Of Filing by U.S. Customs and Border Protection, U.S. Department of Homeland Security of JPML Reply Brief (Attachments: # 1 JPML Reply Brief)(Berns, Matthew) (Entered: 06/06/2017)
2017-06-0913RESPONSE in Opposition re 9 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 06/09/2017)
2017-06-0914NOTICE Of Filing by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. of Memorandum in Opposition filed with the JPML (Attachments: # 1 Exhibit)(Podolsky, Gail) (Entered: 06/09/2017)
2017-06-1215NOTICE Of Filing by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. re 13 Response in Opposition to Motion, Exhibit A (Attachments: # 1 Exhibit)(Podolsky, Gail) (Entered: 06/12/2017)
2017-06-2316REPLY BRIEF re 9 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Berns, Matthew) (Entered: 06/23/2017)
2017-06-26Submission of 9 MOTION to Stay Proceedings Pending Decision on Motion to Transfer . Submitted to District Judge Richard W. Story. (bdb) (Entered: 06/26/2017)
2017-06-2617NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Two Recent Decisions Granting Defendants' Stay Motions (Attachments: # 1 Eastern District of Virginia Opinion)(Berns, Matthew) (Entered: 06/26/2017)
2017-06-2818NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Recent Decision Granting Defendants' Stay Motion (Attachments: # 1 Northern District of Illinois Order)(Berns, Matthew) (Entered: 06/28/2017)
2017-06-2919DOCUMENT FILED IN ERROR NOTICE by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. of Decisions (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Podolsky, Gail) Modified on 6/29/2017 per telephone call from counsel. Attorney will re-file. (fem). (Entered: 06/29/2017)
2017-06-2920NOTICE by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. of Decisions (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Podolsky, Gail) (Entered: 06/29/2017)
2017-06-2921NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Recent Decision in Related Case (Attachments: # 1 Southern District of Florida Order)(Berns, Matthew) (Entered: 06/29/2017)
2017-06-3022Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint with Brief In Support by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 06/30/2017)
2017-06-3023ORDER granting 9 Motion to Stay and denying as moot 22 Motion for Extension of Time to Answer. Signed by Judge Richard W. Story on 06/30/2017. (sek) (Entered: 06/30/2017)
2017-07-3124NOTICE of Appearance by Sean Young on behalf of American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. (Young, Sean) (Entered: 07/31/2017)
2017-08-0225ORDER DENYING TRANSFER of MDL Panel (No. 2786) re: MOTION for Centralization of actions is denied. Signed by Multidistrict Litigation Chair, Sarah S. Vance. (bdb) (Entered: 08/03/2017)
2017-08-0726ORDER LIFTING STAY. On August 2, 2017, the JPML issued an order denying transfer of this action. Defendants are ORDERED to file their response to the Complaint not later than August 22, 2017. Signed by Judge Richard W. Story on 08/07/2017. (rsg) (Entered: 08/07/2017)
2017-08-07Set Answer Deadline: U.S. Customs and Border Protection and U.S. Department of Homeland Security answer due 8/22/2017. (rsg) (Entered: 08/07/2017)
2017-08-2227ANSWER to 1 COMPLAINT by U.S. Customs and Border Protection, U.S. Department of Homeland Security. Discovery ends on 1/19/2018.(Berns, Matthew) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/22/2017)
2017-08-2928NOTICE of Appearance by Emily B. Nestler on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Nestler, Emily) (Entered: 08/29/2017)
2017-09-2029JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 09/20/2017)
2017-10-0430SCHEDULING ORDER: The Court has reviewed the 29 Joint Preliminary Report filed by the parties. The parties are ORDERED submit a joint status report by October 27, 2017. Signed by Judge Richard W. Story on 10/04/2017. (rsg) (Entered: 10/05/2017)
2017-10-2731Consent MOTION for Extension of Time file Joint Status Report by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Attachments: # 1 Text of Proposed Order)(Podolsky, Gail) (Entered: 10/27/2017)
2017-10-3032ORDER granting 31 Motion for Extension of Time. The parties shall have through and including October 31, 2017 to file the Joint Status Report. Signed by Judge Richard W. Story on 10/30/2017. (dgr) (Entered: 10/30/2017)
2017-10-3133Consent MOTION for Extension of Time to file Joint Status Report by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 10/31/2017)
2017-11-0134ORDER granting 33 Motion for Extension of Time. The Parties shall have through and including November 3, 2017, to file the Joint Status Report. Signed by Judge Richard W. Story on 11/01/2017. (dgr) (Entered: 11/01/2017)
2017-11-0335STATUS REPORT Jointly Submitted by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Nestler, Emily) (Entered: 11/03/2017)
2017-11-0836ORDER: The Court will permit Defendants to proceed with the review and production as they propose. The parties should communicate in good faith to address concerns raised by Plaintiffs. Also, the Court will be willing to revisit Plaintiffs objections should the production be inadequate. Defendants shall submit a proposed schedule within 14 days, and Plaintiffs may file a response within 14 days thereafter. Signed by Judge Richard W. Story on 11/07/2017. (dgr) (Entered: 11/08/2017)
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by FOIA Project Staff