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Case TitleAmerican Civil Liberties Union of Virginia et al v. U.S. Department of Homeland Security et al
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2017cv00441
Date Filed2017-04-12
Date Closed2017-06-26
JudgeDistrict Judge Leonie M. Brinkema
PlaintiffAmerican Civil Liberties Union of Virginia
PlaintiffAmerican Civil Liberties of Maryland
PlaintiffAmerican Civil Liberties Union of Pennsylvania
PlaintiffAmerican Civil Liberties of Delaware
Case DescriptionState chapters of the ACLU for Virginia, Maryland, Pennsylvania, and Delaware submitted a FOIA request to U.S. Customs and Border Protection for records concerning 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 chapters 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-121COMPLAINT against U.S. Customs and Border Protection, U.S. Department of Homeland Security ( Filing fee $ 400, receipt number 0422-5471604.), filed by American Civil Liberties Union of Virginia, American Civil Liberties of Maryland, American Civil Liberties of Delaware, American Civil Liberties Union of Pennsylvania. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(acha, ) (Entered: 04/12/2017)
2017-04-132Corporate Disclosure Statement by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/13/2017)
2017-04-133Proposed Summons by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/13/2017)
2017-04-18Notice of Correction re 3 Proposed Summons. Filing user notified to file completed proposed summons for EACH defendant. (dvanm, ) (Entered: 04/18/2017)
2017-04-184Proposed Summons re 1 Complaint, Customs and Border Protection by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/18/2017)
2017-04-185Proposed Summons re 1 Complaint, Department of Homeland Security by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/18/2017)
2017-04-196DOCUMENT REMOVED - FILED IN ERROR - Proposed Summons re 1 Complaint, U.S. Department of Homeland Security by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Main Document 6 replaced on 4/20/2017) (dvanm, ). Modified on 4/20/2017 (dvanm, ). (Entered: 04/19/2017)
2017-04-197DOCUMENT REMOVED - FILED IN ERROR - Proposed Summons re 1 Complaint, United States Customs and Border Protection by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Main Document 7 replaced on 4/20/2017) (dvanm, ). Modified on 4/20/2017 (dvanm, ). (Entered: 04/19/2017)
2017-04-198Proposed Summons re 1 Complaint, Civil Process Clerk, United States Attorney's Office by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/19/2017)
2017-04-199DOCUMENT REMOVED - FILED IN ERROR - Proposed Summons re 1 Complaint, Civil Process Clerk, United States Attorney's Office by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Main Document 9 replaced on 4/20/2017) (dvanm, ). Modified on 4/20/2017 (dvanm, ). (Entered: 04/19/2017)
2017-04-1910Proposed Summons re 1 Complaint, United States Department of Homeland Security by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/19/2017)
2017-04-1911Proposed Summons re 1 Complaint, United States Customs and Border Protection by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/19/2017)
2017-04-1912Proposed Summons re 1 Complaint, United States Department of Justice by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/19/2017)
2017-04-1913DOCUMENT REMOVED - FILED IN ERROR - Proposed Summons re 1 Complaint, United States Department of Justice by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Main Document 13 replaced on 4/20/2017) (dvanm, ). Modified on 4/20/2017 (dvanm, ). (Entered: 04/19/2017)
2017-04-2014Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(dvanm, ) (Entered: 04/20/2017)
2017-04-2615AFFIDAVIT re 14 Summons Issued as to USA, 1 Complaint, Affidavit of Service by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Main Document 15 replaced on 4/27/2017) (dvanm, ). (Entered: 04/26/2017)
2017-04-2616CERTIFICATE of Service Acknowledgement of Receipt by U.S. Department of Homeland Security re 1 Complaint, 10 Proposed Summons, by Maya Miriam Eckstein on behalf of American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland (Eckstein, Maya) (Main Document 16 replaced on 4/27/2017) (dvanm, ). (Entered: 04/26/2017)
2017-04-2617CERTIFICATE of Service U.S. Department of Customs and Border Protection re 11 Proposed Summons, 1 Complaint, by Maya Miriam Eckstein on behalf of American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland (Eckstein, Maya) (Main Document 17 replaced on 4/27/2017) (dvanm, ). (Entered: 04/26/2017)
2017-04-2618CERTIFICATE of Service Acknowledgement of Receipt by U.S. Department of Justice re 1 Complaint, 12 Proposed Summons, by Maya Miriam Eckstein on behalf of American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland (Eckstein, Maya) (Main Document 18 replaced on 4/27/2017) (dvanm, ). (Entered: 04/26/2017)
2017-04-27Notice of Correction re 17 Certificate of Service, 16 Certificate of Service, 15 Affidavit, 18 Certificate of Service. The filing user has been notified to re-file the service returns in paper form as they are exempt from ECF. Documents have been removed as filed in error. (dvanm, ) (Entered: 04/27/2017)
2017-04-2719SUMMONS Returned Executed by American Civil Liberties Union of Virginia, American Civil Liberties of Maryland, American Civil Liberties of Delaware, American Civil Liberties Union of Pennsylvania. U.S. Attorney served on 4/24/2017, answer due 6/23/2017. (dvanm, ) (Entered: 04/27/2017)
2017-05-0920NOTICE of Appearance by Dennis Carl Barghaan, Jr on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Barghaan, Dennis) (Entered: 05/09/2017)
2017-05-0921NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Barghaan, Dennis) (Entered: 05/09/2017)
2017-05-1122MOTION for Extension of Time to File Answer re 1 Complaint, (Unopposed) by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 05/11/2017)
2017-05-1223ORDER granting 22 Motion for Extension of Time to Answer; it is furtherORDERED that, on or before July 7, 2017, defendants shall answer or otherwise respond to plaintiffs' complaint in the above-captioned action. Signed by District Judge Leonie M. Brinkema on 05/12/2017. (dvanm, ) (Entered: 05/12/2017)
2017-05-1724MOTION to Stay Proceedings Pending Decision on Motion to Transfer by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 05/17/2017)
2017-05-1725Memorandum in Support re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 05/17/2017)
2017-05-18Notice of Correction re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (clar, ) (Entered: 05/18/2017)
2017-05-2426Notice of Hearing Date set for 6/16/2017 re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer (Barghaan, Dennis) (Entered: 05/24/2017)
2017-05-2427ORDER - Defendants have noticed a hearing on their Motion to Stay Proceedings Pending Decision on Motion to Transfer 24 for June 16, 2017. 26 . The Court is not conducting a docket on that day. Accordingly, it is hereby ORDERED that the parties confer regarding availability and renotice the hearing for June23, June 30, or July 7, 2017 at 10:00 a.m. Signed by District Judge Leonie M. Brinkema on 05/24/2017. (dvanm, ) (Entered: 05/24/2017)
2017-05-3028Memorandum in Opposition re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 05/30/2017)
2017-05-3129Notice of Hearing Date (Amended) set for 6/30/2017 re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer (Barghaan, Dennis) (Entered: 05/31/2017)
2017-05-3130Memorandum in Opposition re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Attachments: # 1 Exhibit Exhibit A)(Eckstein, Maya) (Entered: 05/31/2017)
2017-06-01Reset Deadlines as to 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer . Motion Hearing set for 6/30/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 06/01/2017)
2017-06-0631NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Reply Brief Filed With the United States Judicial Panel on Multidistrict Litigation (Attachments: # 1 Reply Brief)(Barghaan, Dennis) (Entered: 06/06/2017)
2017-06-0632REPLY to Response to Motion re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 06/06/2017)
2017-06-2033NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer (Attachments: # 1 District of Maine Order)(Barghaan, Dennis) (Entered: 06/20/2017)
2017-06-2334NOTICE of Appearance by John Jay Range on behalf of American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland (Range, John) (Entered: 06/23/2017)
2017-06-2335NOTICE by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland of Supplemental Authorities (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Range, John) (Entered: 06/23/2017)
2017-06-2636ORDER granting 24 Motion to Stay. Signed by District Judge Leonie M. Brinkema on 06/26/2017. (dvanm, ) (Entered: 06/26/2017)
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by FOIA Project Staff