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Case TitleAmerican Civil Liberties Union of Michigan v. U.S. Department of Homeland Security et al
DistrictEastern District of Michigan
CityAnn Arbor
Case Number5:2017cv11149
Date Filed2017-04-12
Date ClosedOpen
JudgeDistrict Judge Judith E. Levy
PlaintiffAmerican Civil Liberties Union of Michigan
Case DescriptionThe ACLU of Michigan submitted two FOIA requests to U.S. Customs and Border Protection for records concerning local implementation of President Trump's travel ban. One request focused on airports and the other focused on other ports of entry. The requests also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency as to either request, the ACLU of Michigan 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
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
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. Section 552 et seq. filed by American Civil Liberties Union of Michigan against U.S. Customs and Border Protection, U.S. Department of Homeland Security. Plaintiff requests summons issued. Receipt No: 0645-6180618 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - [ Previously dismissed case: No] [ Possible companion case(s): None ] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Airport Request, # 3 Exhibit B-Ports of Entry Request, # 4 Exhibit C-Airports Request, Certified Mail Receipts and Signed Returned Receipts, # 5 Exhibit D-Ports of Entry Request, Certified Mail Receipts and Signed Return Receipts, # 6 Exhibit E-CBP Acknowledgement of Airport Request, # 7 Exhibit F-CBP Acknowledgement of Ports of Entry Request) (Bedoya, Gabriel) (Entered: 04/12/2017)
2017-04-122STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by American Civil Liberties Union of Michigan (Bedoya, Gabriel) (Entered: 04/12/2017)
2017-04-123ATTORNEY APPEARANCE: Andrew M. Pauwels appearing on behalf of American Civil Liberties Union of Michigan (Pauwels, Andrew) (Entered: 04/12/2017)
2017-04-124ATTORNEY APPEARANCE: Andrew Goddeeris appearing on behalf of American Civil Liberties Union of Michigan (Goddeeris, Andrew) (Entered: 04/12/2017)
2017-04-125ATTORNEY APPEARANCE: Miriam J. Aukerman appearing on behalf of American Civil Liberties Union of Michigan (Aukerman, Miriam) (Entered: 04/12/2017)
2017-04-126NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 04/12/2017)
2017-04-127SUMMONS Issued for *U.S. Customs and Border Protection* (LHos) (Entered: 04/12/2017)
2017-04-128SUMMONS Issued for *U.S. Department of Homeland Security* (LHos) (Entered: 04/12/2017)
2017-04-129SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (LHos) (Entered: 04/12/2017)
2017-04-12A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LHos) (Entered: 04/12/2017)
2017-04-1910CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of U.S. Customs and Border Protection served on 4/13/2017, answer due 6/12/2017; U.S. Department of Homeland Security served on 4/13/2017, answer due 6/12/2017. (Bedoya, Gabriel) (Entered: 04/19/2017)
2017-04-2511CERTIFICATE of Service/Summons Returned Executed. U.S. Customs and Border Protection served on 04/19/2017. (Bedoya, Gabriel) (Entered: 04/25/2017)
2017-05-0812NOTICE of Appearance by Matthew Berns on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Berns, Matthew) (Entered: 05/08/2017)
2017-05-0813CERTIFICATE of Service/Summons Returned Executed. U. S. Department of Homeland Security served on 04/17/17. (Bedoya, Gabriel) (Entered: 05/08/2017)
2017-05-0814NOTICE by All Defendants 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)
2017-05-1615STIPULATED ORDER for Extension of Time to Respond to Plaintiff's Complaint - Signed by District Judge Judith E. Levy. (FMos) (Entered: 05/16/2017)
2017-05-1916MOTION to Stay Proceedings Pending Decision on Motion to Transfer by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Berns, Matthew) (Entered: 05/19/2017)
2017-05-1917NOTICE of Appearance by Chetan Patil on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 05/19/2017)
2017-05-2218Notice of Determination of Motion Without Oral Argument re 16 MOTION to Stay Proceedings Pending Decision on Motion to Transfer (FMos) (Entered: 05/22/2017)
2017-05-3119NOTICE of Joinder/Concurrence in by American Civil Liberties Union of Michigan in Opposition to Defendants' Motion for Transfer to the District of Columbia for Consolidation (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - Memorandum of Plaintiffs, # 3 Exhibit 2 - Joinder) (Bedoya, Gabriel) (Entered: 05/31/2017)
2017-06-0220RESPONSE to 16 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by American Civil Liberties Union of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Declaration of Farah Al-Khersan, # 3 Exhibit 2-Declaration of Ruby Robinson, # 4 Exhibit 3-Declaration of Ahmed Shalabi, MD, # 5 Exhibit 4-Memorandum of Plaintiffs) (Bedoya, Gabriel) (Entered: 06/02/2017)
2017-06-0621NOTICE by All Defendants of Filing JPML Reply Brief (Attachments: # 1 JPML Reply Brief) (Berns, Matthew) (Entered: 06/06/2017)
2017-06-0722NOTICE by American Civil Liberties Union of Michigan re 20 Response to Motion, Plaintiff's Notice of Supplemental Authority (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Order Denying Motion to Stay Proceeding, # 3 Exhibit B-Motion to Stay Proceedings) (Bedoya, Gabriel) (Entered: 06/07/2017)
2017-06-0923REPLY to Response re 16 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: 06/09/2017)
2017-06-1624NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 22 Notice (Other), Defendants' Response to Plaintiff's Notice of Supplemental Authority (Berns, Matthew) (Entered: 06/16/2017)
2017-06-1925NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Decision in Related Case (Attachments: # 1 District of Maine Order) (Berns, Matthew) (Entered: 06/19/2017)
2017-06-2026RESPONSE to 25 Notice (Other) Defendants' Notice of Decision and Certificate of Service by American Civil Liberties Union of Michigan. (Bedoya, Gabriel) (Entered: 06/20/2017)
2017-06-2227NOTICE by All Defendants of Recent Decisions (Attachments: # 1 Central District of California Opinion, # 2 District of Oregon Opinion) (Berns, Matthew) (Entered: 06/22/2017)
2017-06-2228ORDER signed by District Judge Judith E. Levy denying 16 Motion to Stay. (Grimes, K.) (Entered: 06/22/2017)
2017-06-2929ANSWER to Complaint with Affirmative Defenses by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 06/29/2017)
2017-06-3030NOTICE TO APPEAR: Scheduling Conference set for 8/1/2017 at 10:00 AM before District Judge Judith E. Levy. (SBur) (Entered: 06/30/2017)
2017-07-13Set Deadlines/Hearings: Scheduling Conference reset for 8/10/2017 at 10:30 AM before District Judge Judith E. Levy. (SBur) (Entered: 07/13/2017)
2017-07-25Set Deadlines/Hearings: ***TIME CHANGE ONLY*** Scheduling Conference set for 8/10/2017 at 11:30 AM before District Judge Judith E. Levy. (SBur) (Entered: 07/25/2017)
2017-08-0331ORDER Denying Transfer from Multidistrict Litigation Panel for MDL 2786. (SSch) (Entered: 08/03/2017)
2017-08-04Set Deadlines/Hearings: Scheduling Conference reset for 9/7/2017 at 10:30 AM before District Judge Judith E. Levy. (SBur) (Entered: 08/04/2017)
2017-08-0432DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Bedoya, Gabriel) (Entered: 08/04/2017)
2017-08-3133DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Bedoya, Gabriel) (Entered: 08/31/2017)
2017-09-0534NOTICE of Appearance by Julie Straus Harris on behalf of All Defendants. (Straus Harris, Julie) (Entered: 09/05/2017)
2017-09-07Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 9/7/2017. Scheduling Conference to be rescheduled at a later date. (SBur) (Entered: 09/07/2017)
2017-09-0735ORDER Regarding Production and Setting of Dates. ( TELEPHONIC Status Conference set for 11/8/2017 at 10:00 AM before District Judge Judith E. Levy ) - Plaintiff shall initiate the call at 734.887.4700. Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/07/2017)
2017-09-1536NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security Defendants' Proposal for Review and Production of Email Records (Straus Harris, Julie) (Entered: 09/15/2017)
2017-09-2037NOTICE by American Civil Liberties Union of Michigan re 36 Notice (Other) Plaintiff's Response to Defendants' Proposal for Review and Production of Email Records (Attachments: # 1 Exhibit A-Declaration of Scott Pilat with Resume, # 2 Exhibit B-Rickerd Letter) (Bedoya, Gabriel) (Entered: 09/20/2017)
2017-09-2738MOTION for Withdrawal of Attorney Matthew J. Berns and Chetan A. Patil by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 09/27/2017)
2017-09-2839ORDER granting 38 Motion to Withdraw as Attorney.. Signed by District Judge Judith E. Levy. (DWor) (Entered: 09/28/2017)
2017-09-2940Joint Status REPORT by American Civil Liberties Union of Michigan (Bedoya, Gabriel) (Entered: 09/29/2017)
2017-10-0541ORDER Moving Telephonic Status Conference. ( TELEPHONIC Status Conference set for 10/26/2017 at 9:30 AM before District Judge Judith E. Levy ) Please use the following call-in information: 888.363.4734; Access Code: 2541474. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/05/2017)
2017-10-26Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 10/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 10/26/2017)
2017-10-2642ORDER Regarding Production of Documents from Initial Custodians and Supplemental Briefing. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/26/2017)
2017-11-0943SUPPLEMENTAL BRIEF re 42 Order filed by American Civil Liberties Union of Michigan. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A-Spreadsheet, # 3 Exhibit B-Sample Form I-44, # 4 Exhibit C-Email Exchange) (Bedoya, Gabriel) (Entered: 11/09/2017)
2017-11-2844SUPPLEMENTAL BRIEF re 42 Order, 43 Supplemental Brief, Response to Plaintiff's Supplemental Brief Pursuant to Court Order filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Declaration of Patrick Howard) (Straus Harris, Julie) (Entered: 11/28/2017)
2017-12-0845SUPPLEMENTAL BRIEF re 43 Supplemental Brief, Plaintiff's Reply Brief Pursuant to Court Order filed by American Civil Liberties Union of Michigan. (Attachments: # 1 Exhibit A-Spreadsheet) (Bedoya, Gabriel) (Entered: 12/08/2017)
2018-03-2946NOTICE of Appearance by Ashley Cheung on behalf of All Defendants. (Cheung, Ashley) (Entered: 03/29/2018)
2018-04-2747Joint Status REPORT by American Civil Liberties Union of Michigan (Bedoya, Gabriel) (Entered: 04/27/2018)
2018-06-2148NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 7/16/2018 at 11:00 AM before District Judge Judith E. Levy. Please use the following call-in information: 888.363.4734; Access Code: 2541474 (SBur) (Entered: 06/21/2018)
2018-06-27Set Deadlines/Hearings: TELEPHONIC Status Conference reset for 7/31/2018 at 10:00 AM before District Judge Judith E. Levy. Please use the following call-in information: 888.363.4734; Access Code: 2541474 (SBur) (Entered: 06/27/2018)
2018-07-31Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 7/31/2018. Parties are to meet and confer by 8/10/18 regarding outstanding production issues, including production of sample TECS records. Parties are to provide a proposed order setting briefing schedule for dispositive motions on or before 8/24/18. (Court Reporter: Darlene May) (SBur) (Entered: 07/31/2018)
2018-08-2449Joint Status REPORT by All Defendants (Cheung, Ashley) (Entered: 08/24/2018)
2018-08-24TEXT-ONLY ORDER re 49 Joint Status Report. The parties are required to file a joint status report by no later than November 30, 2018. Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/24/2018)
2018-08-3050NOTICE by All Defendants re 44 Supplemental Brief, Production of Sample TECS Records (Attachments: # 1 Index of Exhibits, # 2 Exhibit Sample TECS Record 1, # 3 Exhibit Sample TECS Record 2, # 4 Exhibit Sample TECS Record 3, # 5 Exhibit Sample TECS Record 4, # 6 Exhibit Sample TECS Record 5, # 7 Exhibit Sample TECS Record 6, # 8 Exhibit Sample TECS Record 7, # 9 Exhibit Sample TECS Record 8, # 10 Exhibit Sample TECS Record 9, # 11 Exhibit Sample TECS Record 10, # 12 Exhibit Sample TECS Record 11, # 13 Exhibit Sample TECS Record 12, # 14 Exhibit Sample TECS Record 13, # 15 Exhibit Sample TECS Record 14, # 16 Exhibit Sample TECS Record 15, # 17 Exhibit Sample TECS Record 16, # 18 Exhibit Sample TECS Record 17, # 19 Exhibit Sample TECS Record 18) (Cheung, Ashley) (Entered: 08/30/2018)
2018-10-0451TRANSCRIPT of Telephonic Status Conference held on July 31, 2018. (Court Reporter: Darlene K. May) (Number of Pages: 38) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/25/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/2/2019. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) (Entered: 10/04/2018)
2018-11-3052NOTICE of Change of Address/Contact Information by Ashley Cheung on behalf of All Defendants. (Cheung, Ashley) (Entered: 11/30/2018)
2018-11-3053Joint Status REPORT by All Defendants (Attachments: # 1 Index of Exhibits, # 2 Plaintiff's Exhibit A, # 3 Plaintiff's Exhibit B, # 4 Plaintiff's Exhibit C, # 5 Plaintiff's Exhibit D, # 6 Defendants' Exhibit E, # 7 Defendants' Exhibit F, # 8 Defendants' Exhibit G) (Cheung, Ashley) (Entered: 11/30/2018)
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