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Case TitleAMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION v. US DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Maine
CityPortland
Case Number2:2018cv00176
Date Filed2018-05-01
Date ClosedOpen
JudgeJUDGE JON D. LEVY
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION
Case DescriptionThe ACLU of Maine submitted a FOIA request to the Department of Homeland Security for records concerning U.S. Customs and Border Protection security checkpoints in Maine and related cooperation with local and state law enforcement. The ACLU of Maine also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the ACLU of Maine filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUS DEPARTMENT OF HOMELAND SECURITY
DefendantUS CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-011COMPLAINT against US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. , filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (Service of Process Deadline 7/30/2018) Fee due by 5/3/2018. (Attachments: # 1 Request, # 2 3/21/2018 Letter to Greyhound Lines Inc, # 3 4/19/2018 Letter to Concord Coach Lines, # 4 4/19/2018 Letter to Peter Pan Bus Lines, # 5 Request to CBP offices in Hodgdon, Maine)(sfw) (Entered: 05/01/2018)
2018-05-012CIVIL COVER SHEET. (sfw) (Entered: 05/01/2018)
2018-05-01Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1834729.), filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION.(BOND, EMMA) (Entered: 05/01/2018)
2018-05-143AFFIDAVIT of Service by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. US CUSTOMS AND BORDER PROTECTION served on 5/1/2018; US DEPARTMENT OF HOMELAND SECURITY served on 5/1/2018. (Attachments: # 1 Exhibit Return Receipt - Certified Mail)(BOND, EMMA) (Entered: 05/14/2018)
2018-05-144NOTICE of Appearance by ANDREW K. LIZOTTE on behalf of All Defendants (LIZOTTE, ANDREW) (Entered: 05/14/2018)
2018-05-155NOTICE of Appearance by JAMES D. CONCANNON on behalf of US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (CONCANNON, JAMES) (Entered: 05/15/2018)
2018-05-166Summons Issued as to US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons - CBP)(akr) (Entered: 05/16/2018)
2018-05-217AFFIDAVIT of Service by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. All Defendants. (Attachments: # 1 Appendix Return Receipt - Certified Mail)(BOND, EMMA) (Entered: 05/21/2018)
2018-05-22Set Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY and US CUSTOMS AND BORDER PROTECTION : Answer due by 7/17/2018. (akr) (Entered: 05/22/2018)
2018-05-22Reset Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY and US CUSTOMS AND BORDER PROTECTION : Answer due by 6/18/2018 pursuant to 5 U.S.C. § 552(a)(4)(C). (akr) (Entered: 05/22/2018)
2018-06-188ANSWER to 1 Complaint,,, by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY.(LIZOTTE, ANDREW) (Entered: 06/18/2018)
2018-06-199SCHEDULING ORDER: Discovery due by 11/5/2018. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 11/13/2018. Motions due by 11/26/2018. Ready for Trial on 2/4/2019. By MAGISTRATE JUDGE JOHN H. RICH III. (mjlt) (Entered: 06/19/2018)
2018-07-0310Joint MOTION to Amend Scheduling Order and Joint Report of 26(f) Conference by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 7/24/2018. (LIZOTTE, ANDREW) (Entered: 07/03/2018)
2018-07-0511ORDER granting without objection 10 Motion to Amend Scheduling Order. Without objection, the parties are directed to file a written joint status report by August 17, 2018, addressing the status of defendants' search for and production of records responsive to the FOIA request at issue herein, the status of any negotiation on the scope and timing of future productions, and the parties' proposed schedule for future proceedings herein. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 07/05/2018)
2018-07-05Set Deadlines Pursuant to Order #11 entered on July 5, 2018: Status Report due by 8/17/2018- the parties are directed to file a written joint status report addressing the status of defendants' search for and production of records responsive to the FOIA request at issue herein, the status of any negotiation on the scope and timing of future productions, and the parties' proposed schedule for future proceedings herein. (mtm) (Entered: 07/06/2018)
2018-08-1612STATUS REPORT Submitted by Joint Agreement by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (LIZOTTE, ANDREW) (Entered: 08/16/2018)
2018-08-1613Joint MOTION for Permission to File Second Joint Status Report (No PDF attached. See ECF #12) by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) (Entered: 08/17/2018)
2018-08-1714ORDER granting without objection 13 Joint Motion for leave to file second Joint Status Report. The parties shall file their second Joint Status Report, as requested, by October 12, 2018. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 08/17/2018)
2018-08-17Set Deadlines : Status Report due by 10/12/2018. (akr) (Entered: 08/17/2018)
2018-10-1215STATUS REPORT and Joint Motion for Permission to File Third Joint Status Report by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (LIZOTTE, ANDREW) (Entered: 10/12/2018)
2018-10-1216Joint MOTION for Permission to File Third Joint Status Report (No PDF attached. See ECF #15) by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) (Entered: 10/12/2018)
2018-10-1517ORDER granting without objection 16 Motion for Leave to File Third Joint Status Report. The parties shall file their third Joint Status Report by November 2, 2018, addressing the parties' proposals for future proceedings, whether further record production, summary judgment briefing, or resolution of the case. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 10/15/2018)
2018-10-15Set Deadlines : Status Report due by 11/2/2018. (akr) (Entered: 10/15/2018)
2018-10-16Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 10/22/2018 as to AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (akr) (Entered: 10/16/2018)
2018-10-2218NOTICE of Interested Parties by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION (BOND, EMMA) (Entered: 10/22/2018)
2018-11-0219STATUS REPORT Joint by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (BOND, EMMA) (Entered: 11/02/2018)
2018-11-0220Joint MOTION for Permission to File Fourth Joint Status Report (No PDF attached. See ECF #19) by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION (akr) (Entered: 11/02/2018)
2018-11-0421ORDER granting without objection 20 Joint Motion for Leave to File Fourth Joint Status Report. The parties shall file their fourth Joint Status Report by December 17, 2018, addressing the proposed schedule for future proceedings, if any. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 11/04/2018)
2018-11-04Set Deadlines : Status Report due by 12/17/2018. (akr) (Entered: 11/05/2018)
2018-12-1722STATUS REPORT and Joint Motion for Briefing Schedule by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (BOND, EMMA) (Entered: 12/17/2018)
2018-12-1723Joint MOTION for Briefing Schedule by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. No PDF attached - See ECF #22 (akr) Modified on 12/17/2018 to add referenced to ECF #22 (akr). (Entered: 12/17/2018)
2019-01-0724ORDER granting without objection 23 Joint Motion for briefing schedule re redacted documents. The plaintiff shall designate the challenged redacted documents by February 1, 2019; the plaintiff shall file the challenged redacted documents and its memorandum opposing the claimed exemptions (no longer than 10 pages) by February 22, 2019, and the defendants shall submit the unredacted documents for in camera review and shall file their simultaneous memorandum in support of the claimed exemptions (no longer than 10 pages), also by February 22, 2019; the parties shall file simultaneous response briefs (no longer than 7 pages) by March 8, 2019; and the court may thereafter schedule oral argument as it deems necessary. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 01/07/2019)
2019-01-07Set Deadlines pursuant to the Order at ECF #24 : Redacted Document Designation (1) due by 2/1/2019. Challenged Redacted Documents Filing (2) due by 2/22/2019. Memo Opposing Claimed Exemptions due by 2/22/2019. Memorandum in Support of Claimed Exemptions (1) due by 2/22/2019. Simultaneous Response Brief (2) due by 3/8/2019. (akr) (Entered: 01/07/2019)
2019-02-1525Consent MOTION to Extend Time to file briefs regarding redaction by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION Responses due by 3/8/2019. (BOND, EMMA) (Entered: 02/15/2019)
2019-02-2026ORDER granting without objection 25 Motion to Extend Time. The plaintiff shall file the challenged redacted documents and its memorandum opposing the claimed exemptions (no longer than 10 pages) by March 8, 2019, and the defendants shall submit the unredacted documents for in camera review and shall file their simultaneous memorandum in support of the claimed exemptions (no longer than 10 pages), also by March 8, 2019; the parties shall file simultaneous response briefs (no longer than 7 pages) by March 22, 2019; and the court may thereafter schedule oral argument as it deems necessary. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/20/2019)
2019-02-20Reset Deadlines : Challenged Redacted Documents Filing (1) due by 3/8/2019. Memorandum Opposing Claimed Exemptions (1) due by 3/8/2019. Memorandum in Support of Claimed Exemptions(2) due by 3/8/2019. Simultaneous Response Briefs (3) due by 3/22/2019. (akr) (Entered: 02/20/2019)
2019-03-0827AFFIDAVIT of USBP FOIA Coordinator Robert M. Lewandowski filed by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Attachment 1, REDACTED Trans check Presentation, # 2 Attachment 2, REDACTED TCB Bangor 481s, # 3 Attachment 3, REDACTED Bangor TCB emails, # 4 Attachment 4, REDACTED FW_ Bus Check, # 5 Attachment 5, REDACTED Bangor Bus Check, # 6 Attachment 6, REDACTED FW_ Checkpoint)(LIZOTTE, ANDREW) (Entered: 03/08/2019)
2019-03-0828BRIEF re 27 Affidavit, in Support of Defendants' Redactions by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (LIZOTTE, ANDREW) (Entered: 03/08/2019)
2019-03-0829BRIEF Objecting to Redactions of Public Records by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (Attachments: # 1 Exhibit A - Redacted Public Records)(BOND, EMMA) (Entered: 03/08/2019)
2019-03-2130RESPONSE re 29 Brief Objecting to Redactions of Public Records by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (LIZOTTE, ANDREW) Modified on 3/21/2019 to replace "Brief" with "Response"(akr). (Entered: 03/21/2019)
2019-03-2231RESPONSE re 28 Brief Replying in Opposition to Redactions of Public Records by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (BOND, EMMA) Modified on 3/22/2019 to replace "Brief" with "Response" (akr). (Entered: 03/22/2019)
2019-05-0832ORDER ADJUDICATING DISPUTED REDACTIONS By JUDGE JON D. LEVY. (akr) (Entered: 05/08/2019)
2019-05-0933NOTICE of Hearing: Telephone Conference re scheduling order deadlines set for 5/14/2019 11:30 AM with MAGISTRATE JUDGE JOHN H. RICH III. Counsel shall coordinate the call and contact chambers once both sides are on the line. (nrg) (Entered: 05/09/2019)
2019-05-1434Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Conference of Counsel held re: case status; docket order to issue. (Court Reporter: FTR) (RICH III, JOHN) (Entered: 05/14/2019)
2019-05-1435ORDER re 33 Notice of Hearing. Following the court's Order Adjudicating Disputed Redactions, ECF No. 32, and at the request of Chief Judge Levy, I held a telephonic status conference on May 14, 2019, with Attorneys Bond and Lizotte for the plaintiff and defendants respectively. Counsel reported that the defendants served an updated production of documents on May 14, 2019, and that, accordingly, no further dispute exists between the parties on the merits, although the issue of the plaintiff's reasonable attorney fees remains to be negotiated. After discussion and at the parties' joint suggestion, I SET the following remaining schedule: the parties shall attempt to reach agreement on attorney fees by June 7, 2019; absent agreement, the plaintiff shall file its fee petition by June 28, 2019, the defendants their opposition by July 29, 2019, and the plaintiff its reply by August 13, 2019. Counsel agreed to notify the court in writing promptly if agreement is reached; I told counsel that, in that event, it was likely that the case would be administratively closed, pending settlement being finalized and a stipulation of dismissal being filed. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 05/14/2019)
2019-05-14Set Deadlines per Order No. 35: If no agreement re: attorney fess is reached by 6/7/2019, then plaintiff shall file its fee petition by 6/28/2019; response due by 7/29/2019; reply due by 8/13/2019. (lrc) (Entered: 05/15/2019)
2019-06-0336Consent MOTION to Extend Time to Reach Agreement on Attorney Fees and Associated Deadlines by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 6/24/2019. (LIZOTTE, ANDREW) (Entered: 06/03/2019)
2019-06-0437ORDER granting without objection 36 Motion to Extend Time. The court's order dated May 14, 2019, ECF No. 35, is hereby amended as follows: the parties shall attempt to reach agreement on attorney fees by July 8, 2019; absent agreement, the plaintiff shall file its fee petition by July 29, 2019, the defendants their opposition by August 28, 2019, and the plaintiff its reply by September 12, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 06/04/2019)
2019-06-05reset Deadlines Pursuant to Order No. 37: If no agreement re: Attorney Fees is reached by 7/8/2019, then the Plaintiff shall file its Fee Petition by 7/29/2019; responses due by 8/28/2019; reply due by 9/12/2019 (tcs) (Entered: 06/05/2019)
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