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Case TitleNATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02596
Date Filed2017-12-05
Date Closed2020-09-21
JudgeJudge Royce C. Lamberth
PlaintiffNATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD
Case DescriptionThe National Immigration Project of the National Lawyers Guild submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency's use of mobile biometric devices. The National Immigration Project also requested a fee waiver. The agency acknowledged receipt of the request and granted the NIP's request for a fee waiver. The NIP submitted a second FOIA request to the Office of Civil Rights and Civil Liberties at the Department of Homeland Security for records concerning any civil liberties investigations conducted as the result of the use of mobile biometric devices. CRCL did not acknowledge receipt of the request. After hearing nothing further concerning either of its requests, the National Immigration Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
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

2017-12-051COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5233358) filed by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAG Summons, # 3 Summons ICE Summons, # 4 Summons DHS Summons, # 5 Summons DC USA Summons, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E)(Marshall, C.) (Entered: 12/05/2017)
2017-12-052Corporate Disclosure Statement by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Marshall, C.) (Entered: 12/05/2017)
2017-12-05Case Assigned to Judge Royce C. Lamberth. (md) (Entered: 12/07/2017)
2017-12-073SUMMONS (4) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (md) (Entered: 12/07/2017)
2017-12-204RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 12/11/2017; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 12/11/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/8/2017. , RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/8/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 1/7/2018.) (Marshall, C.) Modified on 12/21/2017 to add service and answer dates (zrdj). (Entered: 12/20/2017)
2017-12-21NOTICE OF ERROR re 4 Summons Returned Executed as to Federal Defendant; emailed to ckmarshall@jonesday.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel is reminded to not select All Defendants, each parties must be selected so that service/answer date(s) will show. NO ACTION IS NEEDED (zrdj, ) (Entered: 12/21/2017)
2018-01-085ANSWER to 1 Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Nebeker, William) Modified to add link on 1/9/2018 (znmw). (Entered: 01/08/2018)
2018-02-086NOTICE of Appearance by Cormac A. Early on behalf of NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Early, Cormac) (Entered: 02/08/2018)
2018-05-187ORDER directing the government to produce a Vaughn Index with a supporting motion to dismiss or motion for summary judgment by 6/21/2018. Signed by Judge Royce C. Lamberth on 5/17/18. (lsj) (Entered: 05/21/2018)
2018-06-188Joint MOTION for Extension of Time to File Motion for Summary Judgment , Joint MOTION for Briefing Schedule by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Nebeker, William) (Entered: 06/18/2018)
2018-08-089ORDER granting 8 Motion for Extension of Time to File, nunc pro tunc and granting 8 Motion for Briefing Schedule. Plaintiff to Notify Defendants about issues Plaintiff would Challenge due by 8/17/2018. Defendant's Motion for Summary Judgment due by 9/18/2018. Plaintiff's Opposition to Motion for Summary Judgment due by 10/29/2018. Defendant's Reply to Motion for Summary Judgment due by 11/19/2018. Signed by Judge Royce C. Lamberth on 8/7/18. (lsj) (Entered: 08/10/2018)
2018-09-1810MOTION for Extension of Time to File Motion For Summary Judgment by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/18/2018)
2018-10-0211Memorandum in opposition to re 10 MOTION for Extension of Time to File Motion For Summary Judgment filed by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Marshall, C.) (Entered: 10/02/2018)
2018-10-1812SCHEDULING ORDER. Summary Judgment motions due by 11/30/2018. Response to Motion for Summary Judgment due by 1/15/2019. Reply to Motion for Summary Judgment due by 2/12/2019. Signed by Judge Royce C. Lamberth on 10/17/18. (lsj) (Entered: 10/18/2018)
2018-11-3013Consent MOTION for Extension of Time to File FOIA Motion for Summary Judgment by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Nebeker, William) (Entered: 11/30/2018)
2018-12-0414ORDER granting 13 Motion for Extension of Time; Summary Judgment motions due by 1/15/2019. Response to Motion for Summary Judgment due by 3/4/2019. Reply to Motion for Summary Judgment due by 4/1/2019. Signed by Judge Royce C. Lamberth on 12/4/2018. (lcrcl2) (Entered: 12/04/2018)
2018-12-1815Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Early, Cormac) (Entered: 12/18/2018)
2018-12-1916NOTICE of Appearance by Benton Gregory Peterson on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Peterson, Benton) (Entered: 12/19/2018)
2019-01-0817STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Early, Cormac) (Entered: 01/08/2019)
2019-02-0618ORDER directing the Defendants to file appropriate Vaughn Index and other supporting Summary Judgment motions by 2/15/2019. Signed by Judge Royce C. Lamberth on 2/5/19. (lsj) (Entered: 02/06/2019)
2019-02-1319Unopposed MOTION for Extension of Time to File Dispositive Motion by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/13/2019)
2019-02-1420ORDER granting 19 Motion for Extension of Time to File; Set/Reset Deadlines: defendant's summary judgment motion due by 3/18/2019. Signed by Judge Royce C. Lamberth on 02/14/2019. (lcrcl3) (Entered: 02/14/2019)
2019-03-1721MOTION for Extension of Time to File Vaughn INdex and Dispositive Motion by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/17/2019)
2019-04-0922ORDER granting 21 Motion for Extension of Time to File; Summary Judgment motions due by 5/20/2019. Signed by Judge Royce C. Lamberth on 4/9/2019. (lcrcl2) (Entered: 04/09/2019)
2019-04-3023STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Marshall, C.) (Entered: 04/30/2019)
2019-05-1724Joint MOTION to Stay by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/17/2019)
2019-05-2025ORDER granting 24 Motion to Stay. The parties are directed to file a joint status report on or before July 22, 2019. Signed by Judge Royce C. Lamberth on 05/20/2019. (lcrcl2) (Entered: 05/20/2019)
2019-05-21Set/Reset Deadlines: Joint Status Report due by 7/22/2019 (lsj) (Entered: 05/21/2019)
2019-07-2226Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Early, Cormac) (Entered: 07/22/2019)
2019-07-23MINUTE ORDER: The parties shall file another joint status report no later than August 20, 2019. Signed by Judge Royce C. Lamberth on 07/23/2019. (lcrcl2) (Entered: 07/23/2019)
2019-07-24Set/Reset Deadlines: Joint Status Report due by 8/20/2019 (lsj) (Entered: 07/24/2019)
2019-08-2027Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Nebeker, William) (Entered: 08/20/2019)
2019-08-20MINUTE ORDER: Joint Status Report due by 9/20/2019. Signed by Judge Royce C. Lamberth on 08/20/2019. (lcrcl2) (Entered: 08/20/2019)
2019-09-2028Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Marshall, C.) (Entered: 09/20/2019)
2019-10-28MINUTE ORDER: Joint Status Report due by 11/20/2019. Signed by Judge Royce C. Lamberth on 10/28/2019. (lcrcl2) (Entered: 10/28/2019)
2019-10-2829NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. Attorney Cormac A. Early terminated. (Attachments: # 1 Text of Proposed Order)(Marshall, C.) (Entered: 10/28/2019)
2019-10-2930NOTICE of Appearance- Pro Bono by Kayla Marie Davis on behalf of NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Davis, Kayla) (Entered: 10/29/2019)
2019-11-2031Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Davis, Kayla) (Entered: 11/20/2019)
2019-11-21MINUTE ORDER: Joint Status Report due by 12/11/2019. Signed by Judge Royce C. Lamberth on 11/21/2019. (lcrcl2) (Entered: 11/21/2019)
2019-11-2232MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Khaled Alrabe, Filing fee $ 100, receipt number ADCDC-6586765. Fee Status: Fee Paid. by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Davis, Kayla) (Entered: 11/22/2019)
2019-11-2533ORDER granting 32 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for in structions . Signed by Judge Royce C. Lamberth on 11/25/2019. (lcrcl2) (Entered: 11/25/2019)
2019-12-1134STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Davis, Kayla) (Entered: 12/11/2019)
2019-12-1135STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Nebeker, William) (Entered: 12/11/2019)
2020-01-02MINUTE ORDER: The parties shall submit a proposed order for a further schedule herein by 01/11/2020, jointly if possible, separately if necessary. Signed by Judge Royce C. Lamberth on 01/02/2019. (lcrcl3) (Entered: 01/02/2020)
2020-01-02Set/Reset Deadlines: Proposed Order due by 1/11/2020. (znbn) (Entered: 01/06/2020)
2020-01-1336Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Davis, Kayla) (Entered: 01/13/2020)
2020-01-14MINUTE ORDER: Joint Status Report due by 3/4/2020. Signed by Judge Royce C. Lamberth on 01/14/2020. (lcrcl2) (Entered: 01/14/2020)
2020-02-2437NOTICE of Appearance by Khaled Alrabe on behalf of NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Alrabe, Khaled) (Entered: 02/24/2020)
2020-03-0438NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of All Defendants Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 03/04/2020)
2020-03-0439Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Davis, Kayla) (Entered: 03/04/2020)
2020-03-18MINUTE ORDER: Joint Status Report due by 5/4/2020. Signed by Judge Royce C. Lamberth on 3/18/2020. (lcrcl1) (Entered: 03/18/2020)
2020-03-19Set/Reset Deadlines: Joint Status Report due by 5/4/2020 (lsj) (Entered: 03/19/2020)
2020-05-0440Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Caplen, Robert) (Entered: 05/04/2020)
2020-05-05MINUTE ORDER: Joint Status Report due by 6/30/2020. Signed by Judge Royce C. Lamberth on 05/05/2020. (lcrcl2) (Entered: 05/05/2020)
2020-06-3041Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Caplen, Robert) (Entered: 06/30/2020)
2020-07-01MINUTE ORDER Status Report due by 9/18/2020. Signed by Judge Royce C. Lamberth on 07/01/2020. (lcmb) (Entered: 07/01/2020)
2020-09-1842NOTICE of Voluntary Dismissal by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Davis, Kayla) (Entered: 09/18/2020)
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