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Case TitleMigrant Justice et al v. United States Department of Homeland Security et al
DistrictDistrict of Vermont
CityBurlington
Case Number2:2017cv00197
Date Filed2017-10-11
Date ClosedOpen
JudgeJudge Christina Reiss
PlaintiffMigrant Justice
PlaintiffMatt Cameron
Case DescriptionMigrant Justice and Matt Cameron, a non-profit organization of Vermont dairy farm workers, and Matt Cameron, an attorney representing Migrant Justice members, submitted two FOIA requests to the Department of Homeland Security concerning records of seemingly retaliatory targeting, surveillance, and immigration enforcement against Migrant Justice members for exercising their First Amendment rights. Migrant Justice also requested a fee waiver. After the agency failed to respond, Migrant Justice and Cameron filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Customs and Border Protection
DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-111COMPLAINT for Declaratory and Injunction Relief for Violation of Freedom of Information against United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement filed by Migrant Justice, Matt Cameron. Summons issued. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Civil Cover Sheet)(law) (Entered: 10/11/2017)
2017-10-272NOTICE OF APPEARANCE by Nikolas P. Kerest, AUSA on behalf of United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Kerest, Nikolas) (Entered: 10/27/2017)
2017-10-273STIPULATED MOTION for Extension of Time to File Answer re 1 Complaint filed by All Defendants. (Attachments: # 1 Certificate of Service)(Kerest, Nikolas) (Entered: 10/27/2017)
2017-10-274ORDER GRANTING 3 Stipulated Motion for Extension of Time to Answer re: 1 Complaint. Defendants' response to Plaintiffs' Complaint is due 12/15/217. Signed by Chief Judge Christina Reiss on 10/27/2017. (This is a text-only Order.) (ejh) (Entered: 10/27/2017)
2017-11-065AFFIDAVIT of Service filed by Migrant Justice, Matt Cameron. United States Customs and Border Protection served on 10/16/2017, answer due 12/15/2017; United States Department of Homeland Security served on 10/16/2017, answer due 12/15/2017; United States Immigration and Customs Enforcement served on 10/16/2017, answer due 12/15/2017(Ernst, Lia) (Entered: 11/06/2017)
2017-11-206MOTION for Appearance Pro Hac Vice of Joshua Stehlik filed by Matt Cameron, Migrant Justice. (Attachments: # 1 Declaration of Joshua Stephlik, # 2 Certificate of Good Standing, # 3 Proposed Order, # 4 Certificate of Service)(jlh) (Entered: 11/21/2017)
2017-11-277ORDER GRANTING 6 Motion of Joshua Stehlik, Esq. for Admission Pro Hac Vice. Signed by Chief Judge Christina Reiss on 11/27/2017. (This is a text-only Order.) (ejh) (Entered: 11/27/2017)
2017-12-128JOINT MOTION to Relieve Defendants of Deadline to Answer the Current Complaint, MOTION to set a Schedule for Plaintiffs to File an Amended Complaint, MOTION to Set Deadline for Defendants to Respond to Amended Complaint filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Kerest, Nikolas). Motion reliefs added on 12/13/2017 (jlh). (Entered: 12/12/2017)
2017-12-149ORDER granting 8 JOINT MOTION to Relieve Defendants of Deadline to Answer the Current Complaint, MOTION to set a Schedule for Plaintiffs to File an Amended Complaint, MOTION to Set Deadline for Defendants to Respond to Amended Complaint. Amended Complaint due by 12/19/2017, Response to Amended Complaint due by 1/12/2018. The parties document production schedule must comply with Local Rule 26. Signed by Chief Judge Christina Reiss on 12/14/2017. (pac) (Entered: 12/14/2017)
2017-12-1910MOTION for Appearance Pro Hac Vice of Claudia Wilner filed by Matt Cameron, Migrant Justice. (Attachments: # 1 Declaration of Claudia Wilner, # 2 Certificate of Good Standing, # 3 Proposed Order, # 4 Certificate of Service)(jlh) (Entered: 12/20/2017)
2017-12-1911AMENDED COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5:552 et seq. against United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement filed by Migrant Justice, Matt Cameron. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Amended Complaint-Red Lined)(pac) (Entered: 12/20/2017)
2017-12-2012ORDER GRANTING 10 Motion of Claudia Wilner, Esq. for Admission Pro Hac Vice. Signed by Chief Judge Christina Reiss on 12/20/2017. (This is a text-only Order.) (ejh) (Entered: 12/20/2017)
2017-12-2213STIPULATION and REQUEST to Stay Local Rule 26(a) by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Kerest, Nikolas) Event/Text clarified on 12/27/2017 (jlh). (Entered: 12/22/2017)
2017-12-2714CERTIFICATE OF SERVICE by Matt Cameron, Migrant Justice re 11 Amended Complaint. (pac) (Entered: 12/27/2017)
2017-12-2715ORDER GRANTING 13 Stipulated Motion to Stay Local Rule 26(a). Signed by Judge Christina Reiss on 12/27/2017. (This is a text-only Order.) (ejh) (Entered: 12/27/2017)
2018-01-1216ANSWER to 11 Amended Complaint by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Certificate of Service)(Kerest, Nikolas) (Entered: 01/12/2018)
2018-02-1217NOTICE of Attorney Substitution by Owen C.J. Foster, AUSA as to United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Attachments: # 1 Certificate of Service)(Foster, Owen) (Entered: 02/12/2018)
2018-02-1218STATUS REPORT by all parties by Matt Cameron, Migrant Justice. (Ernst, Lia) (Entered: 02/12/2018)
2018-02-1519MOTION for Appearance Pro Hac Vice of Trudy Rebert filed by Matt Cameron, Migrant Justice. (Attachments: # 1 Declaration of Trudy S. Rebert, # 2 Certificates of Good Standing, # 3 Certificate of Service)(jlh) (Entered: 02/16/2018)
2018-02-2020ORDER GRANTING 19 Motion of Trudy Rebert, Esq. for Admission Pro Hac Vice. Signed by Judge Christina Reiss on 2/20/2018. (This is a text-only Order.) (ejh) (Entered: 02/20/2018)
2018-04-1321SECOND JOIN STATUS REPORT by Matt Cameron, Migrant Justice. (Ernst, Lia) (Entered: 04/13/2018)
2018-04-2322STATUS REPORT Regarding a Stipulated Production Schedule, and Request for a Case Management Conference by Matt Cameron, Migrant Justice. (Rebert, Trudy) (Entered: 04/23/2018)
2018-04-2523NOTICE of Hearing: Status Conference and Case Management Conference set for 5/8/2018 at 01:00 PM in Burlington Courtroom 542 before Judge Christina Reiss.(jbr) (Entered: 04/25/2018)
2018-05-0424RESPONSE re 22 Status Report Regarding a Stipulated Production Schedule, and Request for a Case Management Conference by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Foster, Owen) (Entered: 05/04/2018)
2018-05-0825MINUTE ENTRY for proceedings held before Judge Christina Reiss: Status Conference held on 5/8/2018. Trudy Rebert, Esq., Lia Ernst, Esq. present in person for pltf. Joshua Stehlik, Esq., present on the telephone for pltf. Owen C.J. Foster, AUSA present for dft. Court makes inquiries. Statements by counsel. ORDERED: with the exception of DHS, Federal Agency production should be completed by May 31, 2018. With the exception of FOIA requests 5,6, and 3, DHS shall provide a "hit list" by May 18, 2018. Thereafter, DHS shall commence a rolling production of 500 responsive documents every 30 days. The parties shall provide the court with a joint report setting further their proposals for a greater, lesser, or equal rolling production. (Court Reporter: Anne Pierce) (jbr) (Entered: 05/08/2018)
2018-05-1826STATUS REPORT : Department of Homeland Security's Document Search Update by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Certificate of Service)(Foster, Owen) (Entered: 05/18/2018)
2018-06-1327THIRD JOINT STATUS REPORT by Matt Cameron, Migrant Justice. (Ernst, Lia) (Entered: 06/13/2018)
2018-06-2828STATUS REPORT Updated Proposal for DHS Production Schedule by Matt Cameron, Migrant Justice. (Attachments: # 1 Certificate of Service)(Rebert, Trudy) (Entered: 06/28/2018)
2018-07-1129RESPONSE in Opposition re: 28 Status Report by United States Department of Homeland Security. (Attachments: # 1 Declaration of James V.M.L. Holzer, # 2 Certificate of Service)(Foster, Owen) Text clarified on 7/12/2018 (jlh). (Entered: 07/11/2018)
2018-07-2530REPLY re 28 Status Report by Matt Cameron, Migrant Justice (Attachments: # 1 Certificate of Service)(Ernst, Lia) (Entered: 07/25/2018)
2018-08-0231ORDER GRANTING 28 Updated Proposal for DHS Production Schedule. The court ordered the production of 500 documents, not 500 pages. (This is a text-only Order.) Signed by Judge Christina Reiss on 8/2/2018. (ejh) (Entered: 08/02/2018)
2018-08-0832NOTICE of Change of Address filed by Matt Cameron, Migrant Justice (Attachments: # 1 Certificate of Service)(Stehlik, Joshua) Filers clarified on 8/9/2018 (jlh). (Entered: 08/08/2018)
2018-08-1033UNOPPOSED MOTION for Extension of Time to File Status Update filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Foster, Owen) (Entered: 08/10/2018)
2018-08-1034ORDER granting 33 Motion for Extension of Time to File Status Update. Status Report due 8/25/2018. Signed by Judge Christina Reiss on 8/10/2018. (This is a text-only Order.) (jbr) (Entered: 08/10/2018)
2018-08-2435FOURTH JOINT STATUS REPORT by Matt Cameron, Migrant Justice. (Ernst, Lia) (Entered: 08/24/2018)
2018-09-0636TRANSCRIPT of Status and Case Management Conference hearing held on 5/8/2018, before Judge Christina Reiss, Judge. Court Reporter/Transcriber Anne Pierce, telephone number 802-860-2227. Transcript may be viewed at the court 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 PACER. Redaction Request due 10/1/2018. Redacted Transcript Deadline set for 10/12/2018. Release of Transcript Restriction set for 12/10/2018. (jbr) (Entered: 09/06/2018)
2018-10-2337STATUS REPORT by all parties by Matt Cameron, Migrant Justice. (Ernst, Lia) (Entered: 10/23/2018)
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by FOIA Project Staff
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