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Case TitleAMERICAN IMMIGRATION COUNCIL et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02142
Date Filed2017-10-17
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffAMERICAN IMMIGRATION COUNCIL
PlaintiffNEW YORK IMMIGRATION COALITION
PlaintiffNORTHWEST IMMIGRANT RIGHTS PROJECT
PlaintiffONEAMERICA
PlaintiffMICHIGAN ORGANIZING PROJECT
PlaintiffMIGRANT JUSTICE
Case DescriptionThe American Immigration Council and five other immigrant rights' organizations submitted FOIA requests to U.S. Customs and Border Protection for records concerning the agency's provision of interpretation services to other law enforcement agencies and its involvement in 911 dispatches. The agency had already responded to the organizations' 2012 requests, disclosing some 1700 redacted pages, but in 2014 the organizations submitted requests for updates to their original request. The agency again provided redacted records, primarily under Exemption 7(E) (investigative methods and techniques). The organizations filed another follow-up request in 2017. The organizations filed administrative appeals of earlier responses, but after the agency failed to respond to its 2017 request, American Immigration Council and the other immigrant rights' organizations filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES 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

2017-10-171COMPLAINT against UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-5163300) filed by Migrant Justice, OneAmerica, AMERICAN IMMIGRATION COUNCIL, Northwest Immigrant Rights Project, NEW YORK IMMIGRATION COALITION, Michigan Organizing Project. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to U.S. Dept. of Homeland Security, # 3 Summons to U.S. Dept. of Homeland Security via U.S. Attorney for D.D.C., # 4 Summons to U.S. Dept. of Homeland Security via U.S. Attorney General, # 5 Summons to U.S. Customs and Border Protection, # 6 Summons to U.S. Customs and Border Protection via U.S. Attorney for D.D.C., # 7 Summons to U.S. Customs and Border Protection via U.S. Attorney General)(Crow, Melissa) (Entered: 10/17/2017)
2017-10-172LARGE ADDITIONAL ATTACHMENT(S) Exhibits to Complaint (Exhibit A) by AMERICAN IMMIGRATION COUNCIL, Michigan Organizing Project, Migrant Justice, NEW YORK IMMIGRATION COALITION, Northwest Immigrant Rights Project, OneAmerica 1 Complaint,,, filed by Northwest Immigrant Rights Project, Michigan Organizing Project, Migrant Justice, NEW YORK IMMIGRATION COALITION, OneAmerica, AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X, # 24 Exhibit Y, # 25 Exhibit Z, # 26 Exhibit AA, # 27 Exhibit AB)(Crow, Melissa) (Entered: 10/17/2017)
2017-10-17Case Assigned to Judge Christopher R. Cooper. (sth) (Entered: 10/18/2017)
2017-10-183SUMMONS (4) Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(sth) (Entered: 10/18/2017)
2017-10-304MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexander K. Mircheff, :Firm- Gibson, Dunn & Crutcher LLP, :Address- 333 South Grand Ave., Los Angeles, CA 90071. Phone No. - 213-229-7307. Fax No. - 213-229-3197 Filing fee $ 100, receipt number 0090-5181389. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL, MICHIGAN ORGANIZING PROJECT, MIGRANT JUSTICE, NEW YORK IMMIGRATION COALITION, NORTHWEST IMMIGRANT RIGHTS PROJECT, ONEAMERICA (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Yang, Betty) (Entered: 10/30/2017)
2017-10-305MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matt Adams, :Firm- Northwest Immigrant Rights Project, :Address- 615 Second Ave., Suite 400, Seattle, WA 98104. Phone No. - 206-957-8611. Fax No. - 206-587-4025 Filing fee $ 100, receipt number 0090-5181544. Fee Status: Fee Paid. by NORTHWEST IMMIGRANT RIGHTS PROJECT (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Yang, Betty) (Entered: 10/30/2017)
2017-10-306MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Trina Realmuto, :Firm- American Immigration Council, :Address- 100 Summer Street, 23rd Floor, Boston, MA 02110. Phone No. - 857-305-3600. Filing fee $ 100, receipt number 0090-5181560. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Yang, Betty) (Entered: 10/30/2017)
2017-10-307MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kristin Macleod-Ball, :Firm- American Immigration Council, :Address- 100 Summer Street, 23rd Floor, Boston, MA 02110. Phone No. - 857-305-3722. Filing fee $ 100, receipt number 0090-5181573. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Yang, Betty) (Entered: 10/30/2017)
2017-10-308RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/23/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2017. (Yang, Betty) (Entered: 10/30/2017)
2017-10-309RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/20/2017. (Yang, Betty) Modified date of service on 10/31/2017 (znmw). (Entered: 10/30/2017)
2017-10-30MINUTE ORDER: It is hereby ORDERED that 4 , 5 , 6 , and 7 Motions for Leave to Appear Pro Hac Vice are GRANTED. Attorneys Alexander K. Mircheff, Matt Adams, Trina Realmuto, and Kristin Macleod-Ball are hereby admitted pro hac vice to the U.S. District Court for the District of Columbia for this case. Signed by Judge Christopher R. Cooper on 10/30/2017. (lccrc1) (Entered: 10/30/2017)
2017-10-31NOTICE OF ERROR re 7 Motion for Leave to Appear Pro Hac Vice; emailed to byang@gibsondunn.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Document incomplete/illegible, 2. Exhibit A will not open; Error received; Please refile a corrected Exhibit A as an attachment to an Errata. (znmw, ) (Entered: 10/31/2017)
2017-10-3110ERRATA Corrected Exhibit A by AMERICAN IMMIGRATION COUNCIL 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kristin Macleod-Ball, :Firm- American Immigration Council, :Address- 100 Summer Street, 23rd Floor, Boston, MA 02110. Phone No. - 857-305-3722. Filing fee $ 100, receipt num filed by AMERICAN IMMIGRATION COUNCIL. (Yang, Betty) (Entered: 10/31/2017)
2017-11-1311RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 10/23/2017 (Yang, Betty) (Entered: 11/13/2017)
2017-11-1312RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 10/21/2017 (Yang, Betty) (Entered: 11/13/2017)
2017-11-1413NOTICE of Appearance by Trina Ann Realmuto on behalf of AMERICAN IMMIGRATION COUNCIL (Realmuto, Trina) (Entered: 11/14/2017)
2017-11-2114ANSWER to Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Peterson, Benton) (Entered: 11/21/2017)
2017-12-06MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by December 21, 2017. Signed by Judge Christopher R. Cooper on 12/6/2017. (lccrc1) (Entered: 12/06/2017)
2017-12-07Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 12/21/2017 (lsj) (Entered: 12/07/2017)
2017-12-2015PROPOSED BRIEFING SCHEDULE (JOINT) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Peterson, Benton) (Entered: 12/20/2017)
2017-12-22MINUTE ORDER adopting the parties' 15 Joint Proposed Schedule: Defendant's motion for summary judgment is due April 4, 2018; Plaintiff's opposition and cross-motion is due May 4, 2018; Defendant's reply and opposition is due May 18, 2018; Plaintiff's reply is due May 25, 2018. Signed by Judge Christopher R. Cooper on 12/22/2017. (lccrc1) (Entered: 12/22/2017)
2017-12-22Set/Reset Deadlines: Summary Judgment motions due by 4/4/2018. Response to Motion for Summary Judgment due by 5/4/2018. Reply to Motion for Summary Judgment due by 5/18/2018. Replies due by 5/25/2018. (lsj) (Entered: 12/22/2017)
2018-02-0716NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN IMMIGRATION COUNCIL, MICHIGAN ORGANIZING PROJECT, MIGRANT JUSTICE, NEW YORK IMMIGRATION COALITION, NORTHWEST IMMIGRANT RIGHTS PROJECT, ONEAMERICA. Attorney Melissa E. Crow terminated. (Crow, Melissa) (Entered: 02/07/2018)
2018-04-0317Unopposed MOTION for Extension of Time to File by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Peterson, Benton) (Entered: 04/03/2018)
2018-04-2418MOTION to Stay Briefing Schedule by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Peterson, Benton) (Entered: 04/24/2018)
2018-04-26MINUTE ORDER: Plaintiffs are ORDERED to file any response to 18 Defendants' Motion for Temporary Stay of Briefing Schedule by May 3, 2018. The Court hereby STAYS the briefing schedule in this case until that motion is resolved. Signed by Judge Christopher R. Cooper on 4/26/2018. (lccrc1) (Entered: 04/26/2018)
2018-04-26Set/Reset Deadlines: Responses due by 5/3/2018 (lsj) (Entered: 04/26/2018)
2018-05-0319NOTICE of Appearance by Justin Epner on behalf of All Plaintiffs (Epner, Justin) (Entered: 05/03/2018)
2018-05-0320Memorandum in opposition to re 18 MOTION to Stay Briefing Schedule filed by AMERICAN IMMIGRATION COUNCIL, MICHIGAN ORGANIZING PROJECT, MIGRANT JUSTICE, NEW YORK IMMIGRATION COALITION, NORTHWEST IMMIGRANT RIGHTS PROJECT, ONEAMERICA. (Attachments: # 1 Declaration Declaration of Trina Realmuto, # 2 Exhibit Realmuto Decl. Exhibit A, # 3 Exhibit Realmuto Decl. Exhibit B, # 4 Exhibit Realmuto Decl. Exhibit C, # 5 Exhibit Realmuto Decl. Exhibit D, # 6 Exhibit Realmuto Decl. Exhibit E, # 7 Exhibit Realmuto Decl. Exhibit F, # 8 Exhibit Realmuto Decl. Exhibit G)(Epner, Justin) (Entered: 05/03/2018)
2018-06-14MINUTE ORDER: It is ORDERED that a hearing is set for June 25, 2018 at 2:00 PM in Courtroom 27A to address 18 Defendants' motion to stay the briefing schedule. At the hearing, Defendants should be prepared to discuss the nature of the search deficiency described in their motion; to address the current status of record production; and to provide a concrete estimate of their production schedule. Signed by Judge Christopher R. Cooper on 6/14/2018. (lccrc1) (Entered: 06/14/2018)
2018-06-14Set/Reset Hearings: Motion Hearing set for 6/25/2018 at 2:00 PM in Courtroom 15 before Judge Christopher R. Cooper. (lsj) (Entered: 06/14/2018)
2018-06-25Minute Entry for proceedings held before Judge Christopher R. Cooper: Motion Hearing held on 6/25/2018 re 18 MOTION to Stay Briefing Schedule filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Oral arguments heard and motion taken under advisement. Order forthcoming. (Court Reporter Lisa Moreira) (nbn) (Entered: 06/25/2018)
2018-06-28MINUTE ORDER: The parties are ORDERED to meet and confer regarding the status of Plaintiffs' 2017 FOIA request. By July 31, 2018, the parties shall file a joint status report proposing a schedule for search and production and, if necessary, explaining any remaining disputes. Signed by Judge Christopher R. Cooper on 6/28/2018. (lccrc1) (Entered: 06/28/2018)
2018-06-28Set/Reset Deadlines: Joint Status Report due by 7/31/2018 (lsj) (Entered: 06/28/2018)
2018-07-0221TRANSCRIPT OF MOTION HEARING before Judge Christopher R. Cooper held on June 25, 2018; Page Numbers: 1-22. Date of Issuance:July 2, 2018. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cou rt reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/23/2018. Redacted Transcript Deadline set for 8/2/2018. Release of Transcript Restriction set for 9/30/2018.(Moreira, Lisa) (Entered: 07/02/2018)
2018-07-3122Joint MOTION for Extension of Time to File Joint Status Report by AMERICAN IMMIGRATION COUNCIL, MICHIGAN ORGANIZING PROJECT, MIGRANT JUSTICE, NEW YORK IMMIGRATION COALITION, NORTHWEST IMMIGRANT RIGHTS PROJECT, ONEAMERICA (Attachments: # 1 Text of Proposed Order Text of Proposed Order)(Epner, Justin) (Entered: 07/31/2018)
2018-08-03MINUTE ORDER granting 22 Joint Motion for Extension of Time to File Status Report. The parties shall file a joint status report by August 10, 2018. (The July 31, 2018 deadline set by minute order on June 28, 2018 is VACATED.) Signed by Judge Christopher R. Cooper on 8/3/2018. (lccrc1) (Entered: 08/03/2018)
2018-08-06Set/Reset Deadlines: Joint Status Report due by 8/10/2018 (lsj) (Entered: 08/06/2018)
2018-08-1023Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL, MICHIGAN ORGANIZING PROJECT, MIGRANT JUSTICE, NEW YORK IMMIGRATION COALITION, NORTHWEST IMMIGRANT RIGHTS PROJECT, ONEAMERICA. (Epner, Justin) (Entered: 08/10/2018)
2018-08-30MINUTE ORDER: The parties are to appear telephonically for a Telephone Conference set for 9/6/2018 at 2:00 PM before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 8/30/18. (lsj) (Entered: 08/30/2018)
2018-09-06Minute Entry for Telephone Conference held before Judge Christopher R. Cooper on 9/6/2018. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj) (Entered: 09/06/2018)
2018-09-06MINUTE ORDER: The Court hereby ORDERS as follows in light of today's telephonic status conference: Plaintiffs shall by September 7, 2018 provide the government with instructions to be given to the Border Patrol Sectors and Stations identified in paragraphs 1(b)(ii) and (iii) of plaintiffs' proposed search and production schedule. Defendants shall promptly thereafter forward the relevant part of plaintiffs' FOIA request and the instructions provided by plaintiffs to appropriate personnel at each of those field offices and request that they identify in good faith, by September 14, 2018, one person in each office who is most likely to have responsive emails. Defendants shall then, by September 28, 2018, conduct an electronic search of emails belonging to the designated individuals as well as the Sector Chiefs identified in paragraph 1(b)(i) of plaintiffs' proposal. The search shall be performed based on the search criteria set forth in paragraph 1(a) of plaintiffs' proposal. The parties shall then meet and confer and, by October 5, 2018, file a joint status report summarizing the results of the searches and proposing a schedule (or competing schedules) for the review and production of responsive materials. The Court declines to order production of field office organization charts at this time. With respect to the 499 documents that are responsive to subparts 1-4 of plaintiffs' FOIA request, the government shall produce those documents on a rolling basis at the end of each month with production to be completed by November 30, 2018. SO ORDERED. Signed by Judge Christopher R. Cooper on 09/06/18. (lccrc1) (Entered: 09/06/2018)
2018-09-07Set/Reset Deadlines: Joint Status Report due by 10/5/2018 (lsj) (Entered: 09/07/2018)
2018-10-0524Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Peterson, Benton) (Entered: 10/05/2018)
2018-10-11MINUTE ORDER: The parties shall appear for a telephonic status conference on October 17, 2018, at 3:00 PM. In the meantime, the Court encourages the parties to work together to reduce the estimated 54,000 pages of documents (excluding job applications and resumes) returned by the electronic search. The parties shall file a brief report on the progress of any discussions in advance of the call. Signed by Judge Christopher R. Cooper on 10/11/218. (lccrc1) (Entered: 10/11/2018)
2018-10-11Set/Reset Hearings: Telephone Conference set for 10/17/2018 at 3:00 PM in Chambers before Judge Christopher R. Cooper. (hmc) (Entered: 10/11/2018)
2018-10-1625Joint STATUS REPORT (Further) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Peterson, Benton) (Entered: 10/16/2018)
2018-10-16MINUTE ORDER: Upon consideration of the parties' 25 further joint status report, it is hereby ORDERED that the telephone conference set for October 17, 2018 at 3:00 PM is hereby vacated. The parties are directed to file a further joint status report on or before November 9, 2018. Signed by Judge Christopher R. Cooper on 10/16/2018. (lccrc1) (Entered: 10/16/2018)
2018-11-0826Joint STATUS REPORT of the Parties by AMERICAN IMMIGRATION COUNCIL, MICHIGAN ORGANIZING PROJECT, MIGRANT JUSTICE, NEW YORK IMMIGRATION COALITION, NORTHWEST IMMIGRANT RIGHTS PROJECT, ONEAMERICA. (Yang, Betty) (Entered: 11/08/2018)
2018-11-09MINUTE ORDER: Upon consideration of the parties' 26 Joint Status Report, it is hereby ORDERED that the parties shall file a proposed briefing schedule on or before January 7, 2019. Signed by Judge Christopher R. Cooper on 11/9/2018. (lccrc1) (Entered: 11/09/2018)
2018-11-09Set/Reset Deadlines: Proposed Briefing Schedule due by 1/7/2019 (lsj) (Entered: 11/09/2018)
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