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Case TitleNational Immigrant Justice Center v. United States Department of Homeland Security et al
DistrictNorthern District of Illinois
CityChicago
Case Number1:2018cv04244
Date Filed2018-06-19
Date Closed2022-03-03
JudgeHonorable Robert M. Dow, Jr
PlaintiffNational Immigrant Justice Center
Case DescriptionThe National Immigrant Justice Center submitted FOIA requests to the Department of Homeland Security for records concerning contracts with the agency to run detention centers. NIJC also requested a fee waiver. The agency acknowledged receipt of the request and told NIJC that it was taking a 10-day extension. The agency also told NIJC that it placed the NIJC in the a non-commercial requester category for fee purposes. After hearing nothing further from the agency, NIJC filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Department of Homeland Security
DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-191COMPLAINT for Declaratory and Injunctive Relief filed by National Immigrant Justice Center; Filing fee $ 400, receipt number 0752-14602538. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fifer, Samuel) (Entered: 06/19/2018)
2018-06-192CIVIL Cover Sheet (Fifer, Samuel) (Entered: 06/19/2018)
2018-06-19CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable M. David Weisman. (daj, ) (Entered: 06/19/2018)
2018-06-203ENTERED in error. Modified on 6/21/2018 (ks, ). (Entered: 06/20/2018)
2018-06-214NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ks, ) (Entered: 06/21/2018)
2018-06-295MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing is set for 7/27/2018 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. The parties are requested to file a joint status report at least two days prior to the initial status. For further details see the Court's website available at www.ilnd.uscourts.gov. Mailed notice (cdh, ) (Entered: 06/29/2018)
2018-07-116ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by Samuel Fifer (Fifer, Samuel) (Entered: 07/11/2018)
2018-07-117ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by Stacey Elizabeth Petrek (Petrek, Stacey) (Entered: 07/11/2018)
2018-07-13SUMMONS Issued as to United States Department of Homeland Security, and U.S. Attorney, (yt) (Entered: 07/13/2018)
2018-07-168ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by William Edward Walsh (Walsh, William) (Entered: 07/16/2018)
2018-07-16SUMMONS Issued as to United States Immigration and Customs Enforcement and U.S. Attorney General (pj, ) (Entered: 07/16/2018)
2018-07-189NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by National Immigrant Justice Center (Fifer, Samuel) (Entered: 07/18/2018)
2018-07-1910DESIGNATION of Jimmy Lorenzo Arce as U.S. Attorney for Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement (Arce, Jimmy) (Entered: 07/19/2018)
2018-07-2411STATUS Report (Joint) by National Immigrant Justice Center (Walsh, William) (Entered: 07/24/2018)
2018-07-2712MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 10/23/2018 at 9:00 a.m. As discussed on the record, discovery to be produced on a rolling basis. Mailed notice (cdh, ) (Entered: 07/27/2018)
2018-08-0113MOTION by Plaintiff National Immigrant Justice Center to consolidate cases Joint Motion for Consolidation (Walsh, William) (Entered: 08/01/2018)
2018-08-0114NOTICE of Motion by William Edward Walsh for presentment of motion to consolidate cases 13 before Honorable Robert M. Dow Jr. on 8/7/2018 at 10:00 AM. (Walsh, William) (Entered: 08/01/2018)
2018-08-0615SUMMONS Returned Executed by National Immigrant Justice Center as to United States Department of Homeland Security served on 7/26/2018, answer due 9/24/2018 (Fifer, Samuel) (Entered: 08/06/2018)
2018-08-0616SUMMONS Returned Executed by National Immigrant Justice Center as to United States Immigration and Customs Enforcement served on 7/19/2018, answer due 9/17/2018 (Fifer, Samuel) (Entered: 08/06/2018)
2018-08-0717MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held. Joint motion for consolidation of Civil Action No. 1:18-cv-004247, currently assigned to the Hon. Sara L. Ellis 13 is granted. The cases will be consolidated for all purposes and all further filing will be made in 18-cv-4244. Mailed notice (cdh, ) (Entered: 08/08/2018)
2018-08-2218MOTION by Plaintiff National Immigrant Justice Center for leave to file amended complaint (Attachments: # 1 Exhibit)(Walsh, William) (Entered: 08/22/2018)
2018-08-2219NOTICE of Motion by William Edward Walsh for presentment of motion for leave to file 18 before Honorable Robert M. Dow Jr. on 9/4/2018 at 09:00 AM. (Walsh, William) (Entered: 08/22/2018)
2018-08-2220Corrected NOTICE of Motion by William Edward Walsh for presentment of motion for leave to file 18 before Honorable Robert M. Dow Jr. on 8/28/2018 at 09:15 AM. (Walsh, William) (Entered: 08/22/2018)
2018-08-2721MINUTE entry before the Honorable Robert M. Dow, Jr:Motion hearing stricken. Plaintiff's unopposed motion for leave to file an amended complaint 18 is granted, to be filed upon receipt of this order.Mailed notice (clw, ) (Entered: 08/27/2018)
2018-08-2722AMENDED complaint by National Immigrant Justice Center against United States Department of Homeland Security, United States Immigration and Customs Enforcement (Attachments: # 1 Exhibit a, # 2 Exhibit b, # 3 Exhibit c, # 4 Exhibit d, # 5 Exhibit e, # 6 Exhibit f)(Walsh, William) (Entered: 08/27/2018)
2018-09-2123ANSWER to amended complaint by United States Department of Homeland Security, United States Immigration and Customs Enforcement(Arce, Jimmy) (Entered: 09/21/2018)
2018-10-2224NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiff National Immigrant Justice Center. (Walsh, William) (Entered: 10/22/2018)
2018-10-2325MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 12/20/2018 at 9:00 a.m. Initial disclosures with notice to the court are modified as discussed on the record in open court. Mailed notice (cdh, ) (Entered: 10/26/2018)
2018-12-2026MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 12/20/2018 and continued to 2/14/2019 at 9:00 a.m. Joint status Report due by 2/12/2019. Mailed notice (cdh, ) (Entered: 12/22/2018)
2018-12-2627GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (sm, ) (Entered: 12/30/2018)
2019-01-0828AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) (Entered: 01/08/2019)
2019-01-2829GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, ) (Entered: 01/28/2019)
2019-02-1230STATUS Report (Joint) by National Immigrant Justice Center (Walsh, William) (Entered: 02/12/2019)
2019-02-1431MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 4/9/2019 at 9:00 a.m. Updated status report due 4/5/2019. Mailed notice (cdh, ) (Entered: 02/14/2019)
2019-04-0532STATUS Report Joint Status Report by National Immigrant Justice Center (Walsh, William) (Entered: 04/05/2019)
2019-04-0933MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 5/14/2019 at 9:30 a.m. Mailed notice (cdh, ) (Entered: 04/10/2019)
2019-05-1434MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 5/14/2019. Joint status report is due 7/3/2019. Mailed notice (cdh, ) (Entered: 05/14/2019)
2019-07-0335STATUS Report (Joint) by National Immigrant Justice Center (Walsh, William) (Entered: 07/03/2019)
2019-10-0336MINUTE entry before the Honorable Robert M. Dow, Jr: Pursuant to the status report filed in Case No. 18-cv-4244, this case is set for status on October 10, 2019 at 9:00 a.m. Mailed notice (cdh, ) (Entered: 10/03/2019)
2019-10-1037MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 12/11/2019 at 9:00 a.m. Mailed notice (cdh, ) (Entered: 10/10/2019)
2019-12-1138MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued 2/26/2020 at 9:00 a.m. Mailed notice (cdh, ) (Entered: 12/12/2019)
2020-02-2639MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 4/15/2020 at 9:00 a.m. Mailed notice (cdh, ) (Entered: 02/26/2020)
2020-02-2640MINUTE entry before the Honorable Robert M. Dow, Jr: In the interest of efficient case management, the Court requests that counsel file on the docket no less than 3 business days before the next status hearing and all further status hearings a brief joint status report. Mailed notice (cdh, ) (Entered: 02/26/2020)
2020-03-1641ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, ) (Entered: 03/16/2020)
2020-03-1642ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, ) (Entered: 03/17/2020)
2020-03-3043ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket12, ) (Entered: 03/31/2020)
2020-04-1344MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 4/15/2020 is stricken and reset to 5/7/2020 at 10:00 a.m. Joint status report is due by 5/5/2020. Mailed notice (cdh, ) (Entered: 04/13/2020)
2020-04-2445ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket3, ) (Entered: 04/27/2020)
2020-05-0646MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 5/7/2020 is reset to 6/15/2020 at 9:45 a.m. In the interest of efficient case management, the Court requests that counsel file on the docket no less than 3 business days before the next status hearing and all further status hearings a brief joint status report. Mailed notice (cdh, ) (Entered: 05/06/2020)
2020-05-2647ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket3, ) (Entered: 05/26/2020)
2020-06-1048STATUS Report Joint Status Report by National Immigrant Justice Center (Walsh, William) (Entered: 06/10/2020)
2020-06-1049STATUS Report Corrected Joint Status Report by National Immigrant Justice Center (Walsh, William) (Entered: 06/10/2020)
2020-06-1250MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the revised joint status report 49 submitted in Case No. 18-cv-4244, status hearing in this case and the companion case set for 6/15/2020 is stricken and reset to 8/13/2020 at 9:30 a.m. Mailed notice (cdh, ) (Entered: 06/12/2020)
2020-07-1051ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket) (Entered: 07/10/2020)
2020-07-3052MINUTE entry before the Honorable Robert M. Dow, Jr: On the Court's own motion, the status hearing set for 8/13/2020 is stricken and a telephone conference is set for 8/17/2020 at 9:15 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Joint status report is due 8/12/2020. Mailed notice (cdh, ) (Entered: 07/30/2020)
2020-08-1753MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held on 8/17/2020 and continued to 10/1/2020 at 9:00 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Joint status report due 9/28/2020. Mailed notice (cdh, ) (Entered: 08/17/2020)
2020-09-3054STATUS Report Joint Status Report by National Immigrant Justice Center (Walsh, William) (Entered: 09/30/2020)
2020-09-3055MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 54 filed in Case No. 18-cv-4244, the status hearing set for 10/1/2020 is stricken and reset to 11/23/2020 at 9:00 a.m. The status hearing will take place telephonically. Counsel should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Updated joint status report is due no later than 11/19/2020. Mailed notice (cdh, ) (Entered: 09/30/2020)
2020-11-2056STATUS Report Joint Status Report by National Immigrant Justice Center (Walsh, William) (Entered: 11/20/2020)
2020-11-2057MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 56 filed on 11/20/2020, the status hearing set for 11/23/2020 is stricken and reset to 1/20/2021 at 9:30 a.m. The status hearing will be held telephonically. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice (cdh, ) (Entered: 11/20/2020)
2021-01-2058ORDER: Telephone conference held. Counsel for Defendants did not appear. Parties are discussing the possibility of settlement. Joint status report is due by 3/5/2021. Counsel for Plaintiff's oral motion to withdraw the appearance of Stacey Elizabeth Petrek is granted. Signed by the Honorable Robert M. Dow, Jr on 1/20/2021. Mailed notice (jh, ) (Entered: 01/21/2021)
2021-06-2959MINUTE entry before the Honorable Robert M. Dow, Jr: The Court entered a minute order 59 on 1/20/2021, requesting the parties to file a joint status by 3/5/2021. As of 6/29/2021, no joint status report has been filed. The Court directs the parties to file a joint status report by 7/16/2021. Telephone conference is set for 7/21/2021 at 9:00 a.m. Emailed notice (cdh, ) (Entered: 06/29/2021)
2021-07-1360ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by Kristen C. Rodriguez (Rodriguez, Kristen) (Entered: 07/13/2021)
2021-07-1561MOTION by Plaintiff National Immigrant Justice Center to withdraw Motion for Leave to Withdraw William E. Walsh as Counsel (Rodriguez, Kristen) (Entered: 07/15/2021)
2021-07-1662STATUS Report (Joint) by National Immigrant Justice Center (Rodriguez, Kristen) (Entered: 07/16/2021)
2021-07-2063MINUTE entry before the Honorable Robert M. Dow, Jr: Motion of Attorney William Walsh to withdraw as counsel for Plaintiff 61 is granted. Upon review of the joint status report 62 , the telephone status hearing set for 7/21/2021 at 9:00 a.m. will proceed as scheduled. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Emailed notice (cdh, ) (Entered: 07/20/2021)
2021-07-2164MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held and continued to 8/27/2021 at 9:30 a.m. Joint status report due by 8/25/2021. Emailed notice (cdh, ) (Entered: 07/22/2021)
2021-08-2565STATUS Report (Joint) by National Immigrant Justice Center (Rodriguez, Kristen) (Entered: 08/25/2021)
2021-08-2666MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 65 advising that the parties anticipate executing their settlement agreement within the next 30 days, the status hearing set for 8/27/2021 is stricken and reset to 9/24/2021 at 9:00 a.m. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 08/26/2021)
2021-09-2467MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Counsel for Defendants did not appear. Counsel for plaintiff reports that the parties are still working on finalizing settlement. A further telephone conference is set for 11/5/2021 at 9:00 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 09/24/2021)
2021-11-0568MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held on 11/5/2021. Parties continue to work on finalizing settlement. A further status hearing is set for 12/21/2021 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 11/08/2021)
2021-12-2169MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Parties are still in the process of negotiating settlement. If at any time parties would like the assistance of Magistrate Judge Weisman they may contact the Courtroom Deputy at any time. A further telephone conference is set for 1/27/2022 at 9:00 a.m. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 12/21/2021)
2021-12-2170MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Parties are still in the process of negotiating settlement. If at any time parties would like the assistance of Magistrate Judge Weisman they may contact the Courtroom Deputy at any time. A further telephone conference is set for 1/27/2022 at 9:00 a.m. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 12/21/2021)
2022-01-2771MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Parties are finalizing the settlement document(s). A further telephone conference is set for 2/17/2022 at 9:00 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 01/27/2022)
2022-02-1772MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held and continued to 3/3/2022 at 9:00 a.m. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 02/17/2022)
2022-03-0273STIPULATION of Dismissal (Stipulation and Order of Settlement and Dismissal without Prejudice) (Rodriguez, Kristen) (Entered: 03/02/2022)
2022-03-0374MINUTE entry before the Honorable Robert M. Dow, Jr: In view of the stipulation and order of settlement and dismissal without prejudice 73 filed on 3/2/2022, this case is dismissed with prejudice according to the terms of the signed order that will be placed on the docket today. Telephone status hearing set for 3/3/2022 is stricken. Civil case terminated. Emailed notice (cdh, ) (Entered: 03/03/2022)
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