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Case TitleAMERICAN CIVIL LIBERTIES UNION OF MAINE et al v. US CUSTOMS AND BORDER PROTECTION et al
DistrictDistrict of Maine
CityPortland
Case Number2:2017cv00132
Date Filed2017-04-12
Date ClosedOpen
JudgeJUDGE GEORGE Z. SINGAL
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF MAINE
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF VERMONT
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND
Case DescriptionThe state chapters of the ACLU in Maine, New Hampshire, Vermont, Massachusetts, Connecticut, and Rhode Island submitted a FOIA request 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. 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

DefendantUS CUSTOMS AND BORDER PROTECTION
DefendantUS DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-121COMPLAINT against US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. , filed by AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. Fee due by 4/14/2017. (Service of Process Deadline 7/11/2017)(bfa) (Additional attachment(s) added on 4/12/2017: # 1 Exhibit A Executive Orders, # 2 Exhibit B United States Postal Service tracking information) (bfa). (Entered: 04/12/2017)
2017-04-122CIVIL COVER SHEET. (bfa) (Entered: 04/12/2017)
2017-04-12Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1675943.), filed by AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF VERMONT.(HEIDEN, ZACHARY) (Entered: 04/12/2017)
2017-04-143Summons Issued as to US CUSTOMS AND BORDER PROTECTION and US DEPARTMENT OF HOMELAND SECURITY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons- U.S. Department of Homeland Security)(jgd) (Entered: 04/14/2017)
2017-05-024NOTICE of Appearance by JENNIFER A. ARCHER on behalf of AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT (ARCHER, JENNIFER) (Entered: 05/02/2017)
2017-05-025**FILED IN ERROR**SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. All Defendants. (ARCHER, JENNIFER) Modified on 5/3/2017 to reflect that this filing was made in error and will be re-filed (lrc). (Entered: 05/02/2017)
2017-05-036NOTICE of Docket Entry Modification regarding 5 Summons Returned Executed- this docket entry was modified to reflect that it was filed in error and will be re-filed. (lrc) (Entered: 05/03/2017)
2017-05-087NOTICE of Appearance by MATT BERNS on behalf of All Defendants (BERNS, MATT) (Entered: 05/08/2017)
2017-05-088NOTICE/CORRESPONDENCE Re: Motion filed with the JPML to Transfer Action Pursuant to 28 U.S.C. 1407 by All Defendants (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transfer Motion, # 3 Exhibit 2 - Supporting Memorandum, # 4 Exhibit 3 - Schedule of Actions)(BERNS, MATT) (Entered: 05/08/2017)
2017-05-099SUMMONS Returned Executed by all Plaintiffs. US CUSTOMS AND BORDER PROTECTION served on 4/25/2017 (ARCHER, JENNIFER) Modified on 5/9/2017 to clean up docket text (lrc). (Entered: 05/09/2017)
2017-05-0910SUMMONS Returned Executed by all Plaintiffs. US DEPARTMENT OF HOMELAND SECURITY served on 4/25/2017 (ARCHER, JENNIFER) Modified on 5/9/2017 to clean up docket text(lrc). (Entered: 05/09/2017)
2017-05-09Set Answer Deadline for US CUSTOMS AND BORDER PROTECTION and US DEPARTMENT OF HOMELAND SECURITY- per Summons Returned Executed filed on 5/9/2017: Answers due by 6/26/2017. (lrc) (Entered: 05/09/2017)
2017-05-1011Unopposed MOTION to Extend Time to File Answer re 1 Complaint,,, by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 5/31/2017. (BERNS, MATT) (Entered: 05/10/2017)
2017-05-1112ORDER granting 11 Motion for Extension of Time to Answer By JUDGE GEORGE Z. SINGAL. (lrc) (Entered: 05/11/2017)
2017-05-11Reset Answer Deadline for US CUSTOMS AND BORDER PROTECTION and US DEPARTMENT OF HOMELAND SECURITY per Order No. 12 entered on 5/11/2017: Answer due by 7/9/2017. (lrc) (Entered: 05/11/2017)
2017-05-1113MOTION to Stay Proceedings Pending Decision on Motion to Transfer by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 6/1/2017. (BERNS, MATT) (Entered: 05/11/2017)
2017-05-1914NOTICE of Appearance by CHETAN A. PATIL on behalf of US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (PATIL, CHETAN) (Entered: 05/19/2017)
2017-05-3115RESPONSE in Opposition re 13 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. Reply due by 6/14/2017. (ARCHER, JENNIFER) (Entered: 05/31/2017)
2017-05-3116NOTICE/CORRESPONDENCE Re: Memorandum Filed with the United States Judicial Panel on Multidistrict Litigation in Opposition to Defendants' Motion for Transfer by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT (Attachments: # 1 Exhibit A)(ARCHER, JENNIFER) (Entered: 05/31/2017)
2017-06-0617NOTICE/CORRESPONDENCE Re: Filing of JPML Reply Brief by All Defendants (Attachments: # 1 JPML Reply Brief)(BERNS, MATT) (Entered: 06/06/2017)
2017-06-0818NOTICE/CORRESPONDENCE Re: Supplemental Authority by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT (Attachments: # 1 Exhibit A)(ARCHER, JENNIFER) (Entered: 06/08/2017)
2017-06-1419REPLY to Response to Motion re 13 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (PATIL, CHETAN) (Entered: 06/14/2017)
2017-06-1920ORDER granting 13 Motion to Stay. After consideration of the case-specific factors, see Good v. Altria Grp., Inc., 624 F. Supp. 2d 132, 134 (D. Me. 2009), and for the reasons articulated by the Defendants, the Courts GRANTS Defendants Motion to Stay Proceedings Pending Decision on Motion to Transfer and ORDERS that this matter be STAYED for sixty (60) days, at which point counsel shall file a status report and the Court will evaluate whether any further stay is appropriate. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc) (Entered: 06/19/2017)
2017-06-19Set Deadlines pursuant to the Order entered on 6/19/2017: Status Report due by 8/18/2017. (lrc) (Entered: 06/19/2017)
2017-08-0221MDL ORDER re: Denying Transfer (mjlt) (Entered: 08/02/2017)
2017-08-0322ORDER: In light of the Judicial Panel on Multidistrict Litigations Order Denying Transfer at ECF No. 21 ,the stay in this matter is lifted. Defendants shall answer the Complaint within 21 days of todays date. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (ccs) (Entered: 08/03/2017)
2017-08-03Set Answer Deadline for US CUSTOMS AND BORDER PROTECTION and US DEPARTMENT OF HOMELAND SECURITY: Per Order at ECF No. 22: Answer due by 8/24/2017. (ccs) (Entered: 08/03/2017)
2017-08-2423NOTICE of Appearance by MICHAEL L. DREZNER on behalf of All Defendants (DREZNER, MICHAEL) (Entered: 08/24/2017)
2017-08-2424ANSWER to 1 Complaint,,, by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY.(DREZNER, MICHAEL) (Entered: 08/24/2017)
2017-08-2525**VACATED- SEE ORDER NO. 27**SCHEDULING ORDER: Discovery due by 1/11/2018. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 1/18/2018. Motions due by 2/1/2018. Ready for Trial on 4/2/2018. By MAGISTRATE JUDGE JOHN H. RICH III. (dfr) Modified on 9/15/2017 to reflect that this order has been vacated per order no. 27(lrc). (Entered: 08/25/2017)
2017-09-1326Joint MOTION to Amend Scheduling Order and Joint Report of 26(f) Conference by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 10/4/2017. (DREZNER, MICHAEL) (Entered: 09/13/2017)
2017-09-1527ORDER granting without objection 26 Joint Motion to Amend Scheduling Order. For the reasons set forth in the parties' joint motion, the court's scheduling order, ECF No. 25, is hereby VACATED. Without objection, the parties are directed to file a written joint status report by November 1, 2017, addressing the status of defendants' search for and production of records responsive to the FOIA request at issue herein, the status of any negotiation on the scope and timing of future productions, and the parties' proposed schedule for future proceedings herein. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 09/15/2017)
2017-09-15Set Deadlines - per Order No. 27: Joint Status Report and proposed schedule for future proceedings due by 11/1/2017. (lrc) (Entered: 09/15/2017)
2017-09-2728MOTION by Attorney Matthew J. Berns and Chetan A. Patil to Withdraw as Attorney by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 10/18/2017. (DREZNER, MICHAEL) (Entered: 09/27/2017)
2017-09-2729ORDER granting 28 Motion to Withdraw as Attorney. Attorneys Berns and Patil's representation of the defendants is hereby terminated; the defendants continue to be represented by Attorneys Drezner and Sawyer. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 09/27/2017)
2017-11-0130STATUS REPORT (JOINT) by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. (Attachments: # 1 Exhibit Core Search Terms for Field Office Records in ACLU Requests)(HEIDEN, ZACHARY) (Entered: 11/01/2017)
2017-11-1431NOTICE of Hearing: Telephone Conference re Discovery set for 11/21/2017 10:00 AM with MAGISTRATE JUDGE JOHN H. RICH III. Counsel shall coordinate the call and contact chambers once both sides are on the phone. (nrg) (Entered: 11/14/2017)
2017-11-1532NOTICE of Appearance by EMMA EATON BOND on behalf of All Plaintiffs (BOND, EMMA) (Entered: 11/15/2017)
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by FOIA Project Staff