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Case TitleAmerican Civil Liberties Union of Illinois et al v. U.S. Department of Homeland Security et al
DistrictNorthern District of Illinois
CityChicago
Case Number1:2017cv02768
Date Filed2017-04-12
Date ClosedOpen
JudgeHonorable Robert M. Dow, Jr
PlaintiffAmerican Civil Liberties Union of Illinois
PlaintiffAmerican Civil Liberties Union of Indiana
PlaintiffAmerican Civil Liberties Union of Iowa
PlaintiffAmerican Civil Liberties Union of Minnesota
PlaintiffAmerican Civil Liberties Union of Missouri
PlaintiffAmerican Civil Liberties Union of Nebraska
PlaintiffAmerican Civil Liberties Union of Ohio
PlaintiffAmerican Civil Liberties Union of South Dakota
PlaintiffAmerican Civil Liberties Union of Wisconsin
PlaintiffAmerican Civil Liberties Union of Kentucky
Case DescriptionThe state chapters of the ACLU for Illinois, Indiana, Iowa, Kentucky, Minnesota, Missouri, Nebraska, Ohio, South Dakota, and Wisconsin submitted FOIA requests to U.S. Customs and Border Protection for records concerning the local implementation of President Trump's travel ban. The organizations also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the state organizations filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, 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
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-121COMPLAINT for Declaratory and Injunctive Relief for Violation of The Freedom of Information Act, 5 U.S.C. § 552 et seq. filed by American Civil Liberties Union of Nebraska, Inc., American Civil Liberties Union of Iowa, Inc., American Civil Liberties Union of Ohio, Inc., American Civil Liberties Union of Wisconsin, Inc., American Civil Liberties Union of Kentucky, Inc., American Civil Liberties Union of Indiana, Inc., American Civil Liberties Union of South Dakota, Inc., The American Civil Liberties Union of Illinois, Inc., American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, Inc.; Filing fee $ 400, receipt number 0752-13062151. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Spears, Natalie) (Entered: 04/12/2017)
2017-04-122CIVIL Cover Sheet (Spears, Natalie) (Entered: 04/12/2017)
2017-04-123ATTORNEY Appearance for Plaintiffs American Civil Liberties Union of Indiana, Inc., American Civil Liberties Union of Iowa, Inc., American Civil Liberties Union of Kentucky, Inc., American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, Inc., American Civil Liberties Union of Nebraska, Inc., American Civil Liberties Union of Ohio, Inc., American Civil Liberties Union of South Dakota, Inc., American Civil Liberties Union of Wisconsin, Inc., The American Civil Liberties Union of Illinois, Inc. by Natalie J. Spears (Spears, Natalie) (Entered: 04/12/2017)
2017-04-124NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Spears, Natalie) (Entered: 04/12/2017)
2017-04-125ATTORNEY Appearance for Plaintiffs American Civil Liberties Union of Indiana, Inc., American Civil Liberties Union of Iowa, Inc., American Civil Liberties Union of Kentucky, Inc., American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, Inc., American Civil Liberties Union of Nebraska, Inc., American Civil Liberties Union of Ohio, Inc., American Civil Liberties Union of South Dakota, Inc., American Civil Liberties Union of Wisconsin, Inc., The American Civil Liberties Union of Illinois, Inc. by Gregory R. Naron (Naron, Gregory) (Entered: 04/12/2017)
2017-04-126ATTORNEY Appearance for Plaintiffs American Civil Liberties Union of Indiana, Inc., American Civil Liberties Union of Iowa, Inc., American Civil Liberties Union of Kentucky, Inc., American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, Inc., American Civil Liberties Union of Nebraska, Inc., American Civil Liberties Union of Ohio, Inc., American Civil Liberties Union of South Dakota, Inc., American Civil Liberties Union of Wisconsin, Inc., The American Civil Liberties Union of Illinois, Inc. by Patrick S. Kabat (Kabat, Patrick) (Entered: 04/12/2017)
2017-04-127ATTORNEY Appearance for Plaintiffs American Civil Liberties Union of Indiana, Inc., American Civil Liberties Union of Iowa, Inc., American Civil Liberties Union of Kentucky, Inc., American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, Inc., American Civil Liberties Union of Nebraska, Inc., American Civil Liberties Union of Ohio, Inc., American Civil Liberties Union of South Dakota, Inc., American Civil Liberties Union of Wisconsin, Inc., The American Civil Liberties Union of Illinois, Inc. by Kathleen V. Kinsella (Kinsella, Kathleen) (Entered: 04/12/2017)
2017-04-128ATTORNEY Appearance for Plaintiffs American Civil Liberties Union of Indiana, Inc., American Civil Liberties Union of Iowa, Inc., American Civil Liberties Union of Kentucky, Inc., American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, Inc., American Civil Liberties Union of Nebraska, Inc., American Civil Liberties Union of Ohio, Inc., American Civil Liberties Union of South Dakota, Inc., American Civil Liberties Union of Wisconsin, Inc., The American Civil Liberties Union of Illinois, Inc. by Rebecca Kim Glenberg (Glenberg, Rebecca) (Entered: 04/12/2017)
2017-04-12CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable M. David Weisman. (nsf, ) (Entered: 04/12/2017)
2017-04-12SUMMONS Issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (kms) (Entered: 04/12/2017)
2017-04-139MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing is set for 6/28/2017 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. The parties are requested to file a joint status report at least two days prior to the initial status. For further details see the Court's website available at www.ilnd.uscourts.gov. Mailed notice (cdh, ) (Entered: 04/13/2017)
2017-04-1410MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13071311. (Attachments: # 1 Supplement Description of inactive status)(Levenson, Freda) (Entered: 04/14/2017)
2017-04-1711MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13075413. (Rothert, Anthony) (Entered: 04/17/2017)
2017-04-1912MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13084260. (Sharp, William) (Entered: 04/19/2017)
2017-04-2113MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13097188. (Miller, Amy) (Entered: 04/21/2017)
2017-04-2114MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13097431. Gordon, John (Gordon, John) (Entered: 04/21/2017)
2017-05-0115SUMMONS Returned Executed by American Civil Liberties Union of Nebraska, American Civil Liberties Union of Iowa, American Civil Liberties Union of Ohio, American Civil Liberties Union of Wisconsin, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Indiana, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Illinois, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri as to U.S. Customs and Border Protection served on 4/13/2017, answer due 6/12/2017 (Spears, Natalie) (Entered: 05/01/2017)
2017-05-0116SUMMONS Returned Executed by American Civil Liberties Union of Nebraska, American Civil Liberties Union of Iowa, American Civil Liberties Union of Ohio, American Civil Liberties Union of Wisconsin, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Indiana, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Illinois, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri as to U.S. Department of Homeland Security served on 4/13/2017, answer due 6/12/2017 (Spears, Natalie) (Entered: 05/01/2017)
2017-05-0817ATTORNEY Appearance for Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security by Matthew Joseph Berns (Berns, Matthew) (Entered: 05/08/2017)
2017-05-0818ATTORNEY Appearance for Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security by Patil Adinath Chetan (Chetan, Patil) (Entered: 05/08/2017)
2017-05-0819NOTICE 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 Transfer Motion, # 3 Exhibit Supporting Memorandum, # 4 Exhibit Schedule of Actions)(Chetan, Patil) (Entered: 05/08/2017)
2017-05-1020MOTION by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security for extension of time to file answer regarding complaint,,, 1 (UNOPPOSED) (Berns, Matthew) (Entered: 05/10/2017)
2017-05-1021NOTICE of Motion by Matthew Joseph Berns for presentment of motion for extension of time to file answer, motion for relief 20 before Honorable Robert M. Dow Jr. on 5/16/2017 at 09:15 AM. (Berns, Matthew) (Entered: 05/10/2017)
2017-05-1122DEFENDANTS' Motion for Transfer of actions Pursuant to 28 U.S.C. §1407 for coordinated or consolidated Pretrial Proceedings (Attachments: # 1 Memorandum of Law in support of Defendants' motion for transfer of actions Pursuant to 28 U.S.C. §1407, # 2 Schedule of Actions, # 3 Proof of Service) (ph, ) (Entered: 05/12/2017)
2017-05-1223MOTION by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security to stay proceedings pending decision on motion to transfer (Attachments: # 1 Memorandum of Law)(Berns, Matthew) (Entered: 05/12/2017)
2017-05-1224NOTICE of Motion by Matthew Joseph Berns for presentment of motion to stay 23 before Honorable Robert M. Dow Jr. on 5/18/2017 at 09:15 AM. (Berns, Matthew) (Entered: 05/12/2017)
2017-05-1525MINUTE entry before the Honorable Robert M. Dow, Jr: Unopposed motion by defendants for extension of time to respond to complaint 20 is granted. Notice of motion date of 5/16/2017 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) (Entered: 05/15/2017)
2017-05-1526MINUTE entry before the Honorable Robert M. Dow, Jr: Freda J. Levenson's motion for leave to appear pro hac vice on behalf of American Civil Liberties Union of Ohio 10 is granted. Anthony E. Rothert's motion for leave to appear pro hac vice on behalf of American Civil Liberties Union of Missouri 11 is granted. William E. Sharp's motion for leave to appear pro hac vice on behalf of American Civil Liberties Union of Kentucky 12 is granted. Amy A. Miller's motion for leave to appear pro hac vice on behalf of American Civil Liberties Union of Nebraska 13 is granted. John B. Gordon's motion for leave to appear pro hac vice on behalf of American Civil Liberties Union of Minnesota 14 is granted. Mailed notice (cdh, ) (Entered: 05/15/2017)
2017-05-1827MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held. Mr. Jason Bastill participates by telephone. Plaintiffs are given until 5/30/2017 to respond to the Defendants' motion to stay proceedings pending decision on motion to transfer 23 . Defendants are given until 6/7/2017 to reply. After the Court reviews the parties responsive pleadings, the Court will either issue a ruling by mail or the courtroom deputy will contact counsel to set a mutually agreed upon date for further hearing on the motion. Mailed notice (cdh, ) (Entered: 05/18/2017)
2017-05-2528MINUTE entry before the Honorable Robert M. Dow, Jr: On the Courts own motion, status hearing set for 6/28/2017 is stricken and reset to 6/29/2017 at 9:30 a.m. Mailed notice (cdh, ) (Entered: 05/25/2017)
2017-05-3029RESPONSE by American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsinin Opposition to MOTION by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security to stay proceedings pending decision on motion to transfer 23 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kabat, Patrick) (Entered: 05/30/2017)
2017-05-3030NOTICE by American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin (Plaintiff's Notice of Opposition and Joinder in Request Filed with the United States Judicial Panel on Multidistrict Litigation) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kabat, Patrick) (Entered: 05/30/2017)
2017-06-0231AMENDED NOTICE of Appearance by American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin (Attachments: # 1 Proof of Service, # 2 Notice of Appearance, # 3 Proof of Service, # 4 Memorandum of Law, # 5 Proof of Service, # 6 Request, # 7 Proof of Service, # 8 Proof of Service, # 9 Statement) (mma, ) (Entered: 06/05/2017)
2017-06-0632NOTICE by All Defendants of Filing JPML Reply Brief (Attachments: # 1 JPML Reply Brief)(Berns, Matthew) (Entered: 06/06/2017)
2017-06-0733NOTICE of Supplemental Authority by American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin (Attachments: # 1 Exhibit A)(Kabat, Patrick) (Docket Text Modified on 6/8/2017 by Clerk's Office) (eaa, ). (Entered: 06/07/2017)
2017-06-0734REPLY by U.S. Customs and Border Protection, U.S. Department of Homeland Security to MOTION by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security to stay proceedings pending decision on motion to transfer 23 (Chetan, Patil) (Entered: 06/07/2017)
2017-06-1935NOTICE by All Defendants of Decision in Related Case (Attachments: # 1 District of Maine Order)(Berns, Matthew) (Entered: 06/19/2017)
2017-06-2236Notice of Recent Decisions by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Central District of California Opinion, # 2 District of Oregon Opinion)(Berns, Matthew) (Entered: 06/22/2017)
2017-06-2337Notice of Supplemental Authority by American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kinsella, Kathleen) (Entered: 06/23/2017)
2017-06-2638NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Decisions in Related Cases (Attachments: # 1 Eastern District of Virginia Order)(Chetan, Patil) (Entered: 06/26/2017)
2017-06-2739STATUS Report Joint Status Report by American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin (Kinsella, Kathleen) (Entered: 06/27/2017)
2017-06-2840MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' motion to stay 23 is granted. The parties are directed to inform the Court as soon as practicable after the Judicial Panel on Multidistrict Litigation issues its ruling on the pending motion to transfer. If the transfer motion is denied, this case will be set for further status hearing on the first available date. The status hearing on 6/29/2017 is stricken and no appearances are necessary on that date. For further details see the Order. Mailed notice (cdh, ) (Entered: 06/28/2017)
2017-06-2841ORDER Signed by the Honorable Robert M. Dow, Jr. on 6/28/2017. Mailed notice(cdh, ) (Entered: 06/28/2017)
2017-07-0542NOTICE by Rebecca Kim Glenberg of Change of Address (Glenberg, Rebecca) (Entered: 07/05/2017)
2017-07-1043AMENDED NOTICE of Presentation or Waiver of Oral Argument filed by Thomas R. Burke (ew, ) (Entered: 07/11/2017)
2017-08-0244ORDER DENYING TRANSFER. (jjr, ) (Entered: 08/02/2017)
2017-08-0445MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 8/10/2017 at 10:45 a.m. Mailed notice (ber, ) (Entered: 08/04/2017)
2017-08-1846MOTION by Plaintiffs American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin for extension of time to file (Joint Motion for Extension of Time to File Joint Status Report) (Spears, Natalie) (Entered: 08/18/2017)
2017-08-1847NOTICE of Motion by Natalie J. Spears for presentment of motion for extension of time to file,, 46 before Honorable Robert M. Dow Jr. on 8/29/2017 at 09:15 AM. (Spears, Natalie) (Entered: 08/18/2017)
2017-08-2148STATUS Report (Joint) by American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin (Spears, Natalie) (Entered: 08/21/2017)
2017-08-2249ENTERED in Error. ANSWER to Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security(Berns, Matthew) Docket text modified on 8/23/2017 (ags, ). (Entered: 08/22/2017)
2017-08-2250ANSWER to Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security(Berns, Matthew) (Entered: 08/22/2017)
2017-08-2351MOTION by Attorney Patrick S. Kabat to withdraw as attorney for American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin. No party information provided (Spears, Natalie) (Entered: 08/23/2017)
2017-08-2352NOTICE of Motion by Natalie J. Spears for presentment of motion to withdraw as attorney,, 51 before Honorable Robert M. Dow Jr. on 8/30/2017 at 09:15 AM. (Spears, Natalie) (Entered: 08/23/2017)
2017-08-2553ORDER: Joint motion for extension of time to file joint status report 46 is granted. Plaintiffs' motion to withdraw appearance of Patrick S. Kabat 51 is granted. Notice of motion date of 8/30/17 is stricken and no appearances are necessary on that date. Signed by the Honorable Robert M. Dow, Jr on 8/25/2017. Mailed notice (ew, ) (Entered: 08/25/2017)
2017-09-1554MOTION to Set Production Schedule by American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin (Kinsella, Kathleen) (Docket Text Modified by Clerk's Office)Modified on 9/15/2017 (pk, ). (Entered: 09/15/2017)
2017-09-1555MEMORANDUM in Support of Plaintiffs' Motion to Set Production Schedule (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kinsella, Kathleen) (Entered: 09/15/2017)
2017-09-1556NOTICE of Motion by Kathleen V. Kinsella for presentment of motion for miscellaneous relief,, 54 before Honorable Robert M. Dow Jr. on 9/20/2017 at 09:15 AM. (Kinsella, Kathleen) (Entered: 09/15/2017)
2017-09-2059MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Mr. Chetan participates by telephone. By 9/21/17, Mr. Chetan will send Ms. Kinsella and Ms. Spears the list of the 12 positions so that counsel may meet and confer on the selection of custodians and other issues that will move the discovery forward in this case. Every week going forward, parties are directed to have a conversation regarding the search terms and any other issues. By 10/20/17, parties shall submit a joint status report with an update on discovery progress, proposed search terms, and proposed deadlines for production. After reviewing the status report, a status hearing will be set before Judge Dow and/or Magistrate Judge Weisman, to whom this case is referred for all discovery motions and supervision and settlement conference if requested. Mailed notice (cdh, ) (Entered: 09/22/2017)
2017-09-2257EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable M. David Weisman for motion # 54 . Signed by Executive Committee on 09/22/2017. (bg, ) (Entered: 09/22/2017)
2017-09-2258MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery supervision, to conduct a settlement conference, and all discovery motions, including plaintiffs' motion to set production schedule 54 . Motion hearing set for 9/28/17 at 9:00 a.m. Mailed notice (ao,) (Entered: 09/22/2017)
2017-09-2860MINUTE entry before the Honorable M. David Weisman: Motion hearing held. Plaintiff's motion to set production schedule 54 is entered and continued. Status hearing set for 10/2/17 at 11:00 a.m. for continued discussions on plaintiff's motion 54 . Defense counsel may appear by phone and shall provide contact information at least one day prior to the hearing to the courtroom deputy, Alyssia Owens, at Alyssia_Owens@ilnd.uscourts.gov. Mailed notice (ao,) (Entered: 09/29/2017)
2017-10-0261MINUTE entry before the Honorable M. David Weisman: Magistrate Judge Status hearing held. For the reason's stated on record, the Court request the following: (1) Defendant should file a memorandum of law on aggregation to the court for its review; (2) Parties shall continue to follow the weekly meet and confers ordered by Judge Dow; (3) Although, the parties have agreed to start with a review of 12 custodian, it is understood by agreement that plaintiffs are not limited to those 12 custodians in seeking its relief; (4) Parties will agree on certain "search terms" to use to identify responsive documents. Plaintiff's motion to set production schedule 54 is entered and continued. Status hearing set for 10/24/17 at 10:00 a.m. Any counsel so wishing may appear by phone and shall provide contact information at least three day prior to the hearing to the courtroom deputy, Alyssia Owens, at Alyssia_Owens@ilnd.uscourts.gov. Mailed notice (ao,) (Entered: 10/03/2017)
2017-10-1162MEMORANDUM by U.S. Customs and Border Protection, U.S. Department of Homeland Security re Aggregation of FOIA requests (Patil, Chetan) (Entered: 10/11/2017)
2017-10-1763MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13689023. (Gatnarek, Heather) (Entered: 10/17/2017)
2017-10-1764MOTION by Attorney William E. Sharp to withdraw as attorney for American Civil Liberties Union of Kentucky. No party information provided (Attachments: # 1 Text of Proposed Order)(Sharp, William) (Entered: 10/17/2017)
2017-10-2065STATUS Report (Joint) by American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin (Attachments: # 1 Exhibit 1)(Spears, Natalie) (Entered: 10/20/2017)
2017-10-2366RESPONSE by Plaintiffs American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin to memorandum 62 (Response to Defendants' Memorandum of Law Regarding Aggregation) (Spears, Natalie) (Entered: 10/23/2017)
2017-10-2467MINUTE entry before the Honorable M. David Weisman: Magistrate Judge Status hearing held. The Court sets the following briefing schedule for Plaintiffs' motion to set production schedule 54 : Defendants' response shall be filed by COB on 11/6/17. Plaintiff may file a reply by the COB on 11/13/17. Motion hearing set for 11/15/17 at 2:00 p.m. Parties shall be prepared to present oral arguments at the hearing. Mailed notice (ao,) (Entered: 10/24/2017)
2017-10-3168MINUTE entry before the Honorable M. David Weisman: A recent solicitation from the ACLU to join the ACLU that the Court received at my residence, prompted the Court to remember attending an ACLU luncheon in circa 2015 (prior to joining the bench) and having appeared in a 2013 case in which co-counsel included a member of the Roger Baldwin Foundation of the ACLU. See Lee v. Orr, 13 C 8719 (N.D. Ill.). The Court does not see this issue as a conflict but informs the parties of it in case any party has a different view. See, e.g., Promega Corp. v. Applied Biosystems, No. 12-cv- 049-wmc, 2012 WL 12995793 (W.D. Wis. Dec. 4, 2012). For completeness of the record, the Court also notes that I spent approximately 15 years working for the U.S. Department of Justice in various positions prior to joining the bench. Mailed notice (ao,) (Entered: 10/31/2017)
2017-11-0669RESPONSE by U.S. Customs and Border Protection, U.S. Department of Homeland Securityin Opposition to MOTION 54 (Attachments: # 1 Exhibit 1 - Transcript of Proceedings, # 2 Exhibit 2 - Declaration)(Patil, Chetan) (Entered: 11/06/2017)
2017-11-1370REPLY by American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin to response in opposition to motion 69 (Plaintiffs Reply in Support of Motion to Set Production Schedule) (Spears, Natalie) (Entered: 11/13/2017)
2017-11-15ORAL MOTION to withdraw Matthew Joseph Berns as attorney for U.S. Customs and Border Protection, U.S. Department of Homeland Security. (ao,) (Entered: 11/16/2017)
2017-11-1571MINUTE entry before the Honorable M. David Weisman: Motion hearing held. For the reasons stated on the record, the Court enters and continues Plaintiffs' motion to set production schedule 54 to 11/21/17 at 10:00 a.m. Plaintiffs' counsel shall meet with her client to confirm that Plaintiff accepts the current set of search terms as constituting a "reasonable effort" by Defendant, subject to extraordinary circumstances that would be needed to justify future search requests. Defense counsel shall consult with client to determine Defendants' production capacity and the type of information that can be accurately represented in a monthly report to the Court describing the allocation of resources used to complete the FOIA review and production in this matter and/or related litigation. Defendants' oral motion to withdraw Matthew Berns as counsel for Defendants is granted without objection. Any counsel so wishing may appear by phone at the next hearing and shall provide contact information at least three days prior to the hearing to the courtroom deputy, Alyssia Owens at Alyssia_Owens@ilnd.uscourts.gov. The Court appreciates all counsel's efforts to reasonably resolve the issues presented in this matter. Mailed notice (ao,) (Entered: 11/16/2017)
2017-11-2072RESPONSE by Plaintiffs American Civil Liberties Union of Illinois, American Civil Liberties Union of Indiana, American Civil Liberties Union of Iowa, American Civil Liberties Union of Kentucky, American Civil Liberties Union of Minnesota, American Civil Liberties Union of Missouri, American Civil Liberties Union of Nebraska, American Civil Liberties Union of Ohio, American Civil Liberties Union of South Dakota, American Civil Liberties Union of Wisconsin to order on motion for miscellaneous relief,,,,,, order on motion to withdraw as attorney,,,,,, motion hearing,,,,,, set motion and R&R deadlines/hearings,,,,,, add and terminate attorneys,,,,, 71 (Plaintiffs' Response to the Court's Request in it's Minute Order of November 16, 2017) (Spears, Natalie) (Entered: 11/20/2017)
2017-11-2173MINUTE entry before the Honorable M. David Weisman: Motion hearing held. For the reasons stated on the record, the Court grants Plaintiffs' motion to set production schedule 54 . By the 15th of every month or the closest business day thereto, Defendants shall file a brief status report with the Court regarding the following information from the previous month: (1) the number of full-time employees at both the Level 1 and Level 2 review levels who have worked on the FOIA request as to the Executive Order itself over the preceding month; (2) the number of hours that the OCC attorneys worked on the project during the preceding month; and (3) the number of pages processed of the four "priority" record custodians in this case. As of 11/21/17, Defendants shall process 950 pages per month, with the first reporting period ending 12/31/17. Defendants' first status report is due 1/16/18. Plaintiffs agree that the current set of search terms is reasonable for the expedited review of the email accounts of the four prioritized custodians. Plaintiffs confirm that they will not request that Defendants run additional search terms as to these four prioritized custodians absent exceptional circumstances. Status hearing set for 6/20/18 at 9:15 a.m. Mailed notice (ao,) (Main Document 73 replaced on 11/28/2017) Modified on 11/28/2017 (ao,). (Entered: 11/28/2017)
2018-01-0474TRANSCRIPT OF PROCEEDINGS held on 10/24/2017 before the Honorable M. David Weisman. Order Number: 28813. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov, (312) 408-5038. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/25/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/4/2018. (Roth, Alexandra) (Entered: 01/04/2018)
2018-01-1275TRANSCRIPT OF PROCEEDINGS held on 11/21/17 before the Honorable M. David Weisman. Order Number: 29557. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/2/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/12/2018. (Mullen, Patrick) (Entered: 01/12/2018)
2018-01-1676STATUS Report by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Declaration)(Patil, Chetan) (Entered: 01/16/2018)
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by FOIA Project Staff