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Case TitleAMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION et al v. US DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Maine
CityPortland
Case Number2:2018cv00182
Date Filed2018-05-08
Date ClosedOpen
JudgeJUDGE JON D. LEVY
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION
PlaintiffAMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT
Case DescriptionThe ACLU of Maine, the ACLU of New Hampshire, and the ACLU of Vermont submitted FOIA requests to the Department of Homeland Security for records concerning the immigration enforcement policies of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Projection in the states of Maine, New Hampshire, and Vermont. The state ACLU offices also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. DHS responded with a single page of statistics. The organizations filed an administrative appeal of that decision. ICE and CBP did not respond any further. The state ACLUs then filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantUS DEPARTMENT OF HOMELAND SECURITY
DefendantUS CUSTOMS AND BORDER PROTECTION
DefendantUS 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-081COMPLAINT against US IMMIGRATION AND CUSTOMS ENFORCEMENT, 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 NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT. (Service of Process Deadline 8/6/2018) Fee due by 5/10/2018. (Attachments: # 1 Exhibit A 9/5/17 DHS FOIA request, # 2 Exhibit B acknowledgement, coditional grant, fee waiver, # 3 Exhibit C ICE FOIA request, # 4 Exhibit D 9/27/17 DHS release in full letter, # 5 Exhibit D1 9/27/17 DHS record production, # 6 Exhibit E 2/1/18 FOIA appeal, # 7 Exhibit F Acknowledgement, standard letter1)(bfa) (Entered: 05/08/2018)
2018-05-082CIVIL COVER SHEET. (bfa) (Entered: 05/08/2018)
2018-05-08Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1837870.), filed by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT.(BOND, EMMA) (Entered: 05/08/2018)
2018-05-083CERTIFICATION for Admission Pro Hac Vice of Gilles Bissonnette filed by EMMA EATON BOND on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (Total admission fee $ 100 receipt number 0100-1837874.) (BOND, EMMA) (Entered: 05/08/2018)
2018-05-084CERTIFICATION for Admission Pro Hac Vice of Lia Ernst filed by EMMA EATON BOND on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (Total admission fee $ 100 receipt number 0100-1837882.) (BOND, EMMA) (Entered: 05/08/2018)
2018-05-09Set Deadlines : Attorney Lia Ernst, Gilles Bissonnette shall register for the District of Maine's Electronic Case Filing (ECF) System by 5/16/2018. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (bfa) (Entered: 05/09/2018)
2018-05-155NOTICE of Appearance by JAMES D. CONCANNON on behalf of US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (CONCANNON, JAMES) (Entered: 05/15/2018)
2018-05-166NOTICE of Appearance by ANDREW K. LIZOTTE on behalf of All Defendants (LIZOTTE, ANDREW) (Entered: 05/16/2018)
2018-05-167Summons Issued as to US IMMIGRATION AND CUSTOMS ENFORCEMENT, 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, # 2 Summons - ICE)(akr) (Entered: 05/16/2018)
2018-05-218AFFIDAVIT of Service by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT. All Defendants. (Attachments: # 1 Exhibit Return Receipt - Certified Mail)(BOND, EMMA) (Entered: 05/21/2018)
2018-05-22Set Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY, US CUSTOMS AND BORDER PROTECTION, and US IMMIGRATION AND CUSTOMS ENFORCEMENT : Answer due by 7/17/2018. (akr) (Entered: 05/22/2018)
2018-05-22Reset Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY, US CUSTOMS AND BORDER PROTECTION, and US IMMIGRATION AND CUSTOMS ENFORCEMENT : Answer due by 6/18/2018 pursuant to 5 U.S.C. § 552(a)(4)(C). (akr) (Entered: 05/22/2018)
2018-06-189ANSWER to 1 Complaint,,,, by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY.(CONCANNON, JAMES) (Entered: 06/18/2018)
2018-06-1910SCHEDULING 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)
2018-07-0311Joint MOTION to Amend Scheduling Order and Joint Report of 26(f) Conference by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 7/24/2018. (CONCANNON, JAMES) (Entered: 07/03/2018)
2018-07-0512ORDER granting without objection 11 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 #12 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)
2018-08-1713STATUS REPORT Submitted by Joint Agreement by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 08/17/2018)
2018-08-1714MOTION for Permission to File Second Joint Status Report (No PDF attached. See ECF #13) by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) (Entered: 08/17/2018)
2018-08-1915ORDER granting without objection 14 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: 08/19/2018)
2018-08-19Set Deadlines : Status Report due by 10/12/2018. (akr) (Entered: 08/20/2018)
2018-10-1216STATUS REPORT and Joint Motion for Permission to File Third Joint Status Report by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 10/12/2018)
2018-10-1217MOTION for Permission to File Third Joint Status Report (No PDF attached. See ECF #16) by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) (Entered: 10/15/2018)
2018-10-1518ORDER granting without objection 17 Joint Motion for Leave to File Third Joint Status Report. The parties shall file their third Joint Status Report by November 16, 2018, addressing the parties' agreed-upon production schedule or, if the parties are unable to agree on a production schedule, each parties' position regarding a proposed production schedule. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 10/15/2018)
2018-10-15Set Deadlines : Status Report due by 11/16/2018. (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)
2018-10-2219NOTICE of Interested Parties by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (BOND, EMMA) (Entered: 10/22/2018)
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