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Case TitleStevens v. Broadcasting Board of Governors et al
DistrictNorthern District of Illinois
CityChicago
Case Number1:2018cv05391
Date Filed2018-08-08
Date Closed2023-03-09
JudgeHonorable Mary M. Rowland
PlaintiffJacqueline Stevens
Case DescriptionJacqueline Stevens, a professor of political science at Northwestern University, submitted FOIA requests to the Broadcast Board of Governors and a number of other agencies pertaining to policies for detainees. The Broadcast Board of Governors disclosed 109 pages to Stevens. Stevens filed an administrative appeal. The agency ordered a second search, yielding 1,427 pages that were released to Stevens. The agency also withheld 1,062 pages under Exemption 4 (confidential business information) and 133 pages under Exemption 5 (privileges). Other agencies disclosed some records as well or failed to respond by the time Stevens filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantBroadcasting Board of Governors
DefendantUnited States Department of Commerce, Bureau of Industry and Security
DefendantDepartment of the Interior, Geological Survey
DefendantU.S. Geological Survey
DefendantDepartment of Health and Human Services, Administration of Children and Families
DefendantU.S. Department of Health and Human Services
DefendantDepartment of Justice, Federal Bureau of Investigations
DefendantFederal Bureau of Investigation
DefendantDepartment of Homeland Security, Immigration and Customs and Enforcement
DefendantDepartment of State
DefendantU.S. Department of State
DefendantUnited States Administration for International Development
DefendantDHS, Customs and Border Protection
DefendantU.S. Customs and Border Protection
DefendantOffice of Justice Programs
DefendantCitizenship and Immigration Services
DefendantU.S. Citizenship and Immigration Services
Documents
Docket
Complaint
Opinion/Order [71]
Opinion/Order [72]
FOIA Project Annotation: A federal court in Illinois has ruled that neither the Department of Health and Human Services nor U.S. Immigration and Customs Enforcement are obligated to disclose text messages in response to FOIA requests from Northwestern University Professor Jacqueline Stevens because they do not retain text messages. District Court Judge Mary Rowland also found that ICE was not obligated to disclose screenshots because to do so would require the creation of a record. Stevens filed suit pertaining to 29 FOIA requests she had submitted to HHS, ICE, the U.S. Agency for Global Media, U.S. Citizenship and Immigration Services, U.S. Geological Survey, and U.S. Agency for International Development. She requested text messages from employees of both HHS and ICE. Both agencies argued that they "cannot produce responsive text messages because they either do not record them or are unable to search them." Accepting the agencies' assertions, Rowland noted that "FOIA litigation is thus an inappropriate vehicle for this issue." Stevens argued ICE was capable of providing the requested screenshots, arguing that they were another form or format of records required to be disclosed under FOIA. But Rowland noted that "common sense suggests otherwise. A screenshot is a representation of a program in action but lacks any of the functionality or utility with the program. It is not, then, comparable to producing the same document on either a CD-ROM or a flash drive." The government argued that because Stevens had indicated in an email exchange that she was not challenging the agencies' exemption claims at that time she had waived the right to challenge them later. Rowland disagreed, noting that "Stevens did not waive withholding issues. Rather, she stated that the Motion to Compel did not address them. As Stevens points out, it would have been difficult for the Motion to have addressed withholding issues at that time; because she lacked a Vaughn index, she did not have the information necessary to raise objections to specific withholding decisions."
Issues: Agency Record - Control, Agency Record
Opinion/Order [94]
Opinion/Order [101]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-081COMPLAINT filed by Jacqueline Stevens; no. (eaa, ) (Entered: 08/09/2018)
2018-08-082CIVIL Cover Sheet. (eaa, ) (Entered: 08/09/2018)
2018-08-083PRO SE Appearance by Plaintiff Jacqueline Stevens. (eaa, ) (Entered: 08/09/2018)
2018-08-085SUMMONS Issued as to Broadcasting Board of Governors, Citizenship and Immigration Services, DHS, Customs and Border Protection, Department of Health and Human Services, Administration of Children and Families, Department of Homeland Security, Immigration and Customs and Enforcement, Department of Justice, Federal Bureau of Investigations, Department of State, Department of the Interior, Geological Survey, Office of Justice Programs, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security, U.S. Attorney, and U.S. Attorney General. (eaa, ) (Entered: 08/09/2018)
2018-08-096NOTICE 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. (eaa, ) (Entered: 08/09/2018)
2018-08-177MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 10/10/2018 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, ) (Entered: 08/17/2018)
2018-09-068MOTION by Defendants Broadcasting Board of Governors, Citizenship and Immigration Services, DHS, Customs and Border Protection, Department of Health and Human Services, Administration of Children and Families, Department of Homeland Security, Immigration and Customs and Enforcement, Department of Justice, Federal Bureau of Investigations, Department of State, Department of the Interior, Geological Survey, Office of Justice Programs, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security for extension of time to respond to complaint (Unopposed) (Kolluri, Prashant) (Entered: 09/06/2018)
2018-09-069NOTICE of Motion by Prashant Kolluri for presentment of extension of time,, 8 before Honorable Andrea R. Wood on 9/13/2018 at 09:00 AM. (Kolluri, Prashant) (Entered: 09/06/2018)
2018-09-0610DESIGNATION of Prashant Kolluri as U.S. Attorney for Defendants Broadcasting Board of Governors, Citizenship and Immigration Services, DHS, Customs and Border Protection, Department of Health and Human Services, Administration of Children and Families, Department of Homeland Security, Immigration and Customs and Enforcement, Department of Justice, Federal Bureau of Investigations, Department of State, Department of the Interior, Geological Survey, Office of Justice Programs, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security (Kolluri, Prashant) (Entered: 09/06/2018)
2018-09-0711MINUTE entry before the Honorable Andrea R. Wood: Defendants' Motion for extension of time to answer 8 is granted. Defendants shall answer or otherwise plead by 10/5/2018. The motion presentment date of 9/13/2018 is stricken; parties need not appear. Mailed notice (ef, ) (Entered: 09/07/2018)
2018-10-0312STATUS Report (Joint Initial) by Broadcasting Board of Governors, Citizenship and Immigration Services, DHS, Customs and Border Protection, Department of Health and Human Services, Administration of Children and Families, Department of Homeland Security, Immigration and Customs and Enforcement, Department of Justice, Federal Bureau of Investigations, Department of State, Department of the Interior, Geological Survey, Office of Justice Programs, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security (Kolluri, Prashant) (Entered: 10/03/2018)
2018-10-0513ANSWER to Complaint by Broadcasting Board of Governors, Citizenship and Immigration Services, DHS, Customs and Border Protection, Department of Health and Human Services, Administration of Children and Families, Department of Homeland Security, Immigration and Customs and Enforcement, Department of Justice, Federal Bureau of Investigations, Department of State, Department of the Interior, Geological Survey, Office of Justice Programs, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security(Kolluri, Prashant) (Entered: 10/05/2018)
2018-10-1014MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Counsel for Defendants appeared and Plaintiff Jacqueline Stevens appeared pro se. Pursuant to the discussion held in open court, the status hearing is continued to 11/29/2018 at 9:00 AM. Mailed notice (ef, ) (Entered: 10/16/2018)
2018-11-2015MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the status hearing set for 11/29/2018 is stricken and reset for 12/6/2018 at 09:00 AM. Mailed notice (ef, ) (Entered: 11/20/2018)
2018-12-0616MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court, all outstanding documents discussed on the record shall be produced by 1/25/2019. Status hearing set for 2/7/2019 at 9:00AM. Mailed notice (lf, ) (Entered: 12/07/2018)
2018-12-1117STATUS Report by Jacqueline Stevens. (ew, ) (Entered: 12/11/2018)
2018-12-2618GENERAL 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.(rp, ) (Entered: 12/28/2018)
2019-01-0819AMENDED 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)
2019-01-2820GENERAL 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)
2019-02-0721MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Counsel for Defendants is advised that all correspondence between the responding agencies and Plaintiff regarding the sufficiency of the agencies' productions shall occur through Counsel. Status hearing set for 3/20/2019 at 9:00 AM. Mailed notice (ef, ) (Entered: 02/14/2019)
2019-03-2022MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court, the status hearing is continued to 4/11/2019 at 9:00 AM. Mailed notice (ef, ) (Entered: 03/22/2019)
2019-04-1123MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Only counsel for Defendants appeared. Pursuant to the discussion held in open court, the status hearing is continued to 5/22/2019 at 9:00 AM. Mailed notice (ef, ) (Entered: 04/12/2019)
2019-05-1424MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the status hearing set for 5/22/2019 is stricken and reset for 5/23/2019 at 09:00 AM. Mailed notice (ef, ) (Entered: 05/14/2019)
2019-05-1625ATTORNEY Appearance for Plaintiff Jacqueline Stevens by Nicolette Glazer (Glazer, Nicolette) (Entered: 05/16/2019)
2019-05-2326MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court, the status hearing is continued to 7/30/2019 at 9:00 a.m. The parties are to file a joint status report by 7/19/2019. Mailed notice. (dal, ) (Entered: 05/24/2019)
2019-07-1927STATUS Report by Jacqueline Stevens (Glazer, Nicolette) (Entered: 07/19/2019)
2019-07-2928MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the status hearing set for 7/30/2019 is stricken and reset for 8/15/2019 at 09:00 AM. Mailed notice (ef, ) (Entered: 07/29/2019)
2019-08-1229MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the status hearing set for 8/15/2019 is stricken and reset for 8/28/2019 at 09:00 AM. Mailed notice (ef, ) (Entered: 08/12/2019)
2019-08-2230EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0024 Pursuant to the Executive Committee Order entered on August 9,2019 the civil cases on the attached list have been randomly selected for reassignment to form the initial calendar of the Honorable Mary M. Rowland; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Mary M. Rowland; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Mary M. Rowland's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order shall not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Mary M. Rowland to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Mary M. Rowland to the Court's criminal case assignment system thirty days from the entry of this Order, so that she shall receive a full share of such cases. Case reassigned to the Honorable Mary M. Rowland for all further proceedings. Honorable Andrea R. Wood no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 8/22/2019.(rp, ) (Entered: 08/22/2019)
2019-08-2631MINUTE entry before the Honorable Andrea R. Wood: In light of the reassignment of this case to Judge Rowland, all hearings set before this Court are stricken. Mailed notice (ef, ) (Entered: 08/26/2019)
2019-09-0632MINUTE entry before the Honorable Mary M. Rowland: Reassignment status hearing set for 9/25/19 at 8:30am in courtroom 1225. Parties are directed to review Judge Rowland's Standing Order on Cases Reassigned to Judge Mary M. Rowland, on the Court's website at https://www.ilnd.uscourts.gov/. On or before 9/18/19, counsel shall confer, prepare, and file a joint status report, not to exceed five pages. The report shall provide the information listed in the "Initial Status Report for Reassigned Case," a link to which is provided in the Standing Order on Cases Reassigned to Judge Mary M. Rowland. Mailed notice. (dm, ) (Entered: 09/06/2019)
2019-09-1833STATUS Report JOINT by Jacqueline Stevens (Glazer, Nicolette) (Entered: 09/18/2019)
2019-09-2534MINUTE entry before the Honorable Mary M. Rowland: Reassignment status hearing held. Parties report on the completion of fact discovery. Fact discovery to be completed by 11/26/19. Status hearing set for 11/26/19 at 9:30am. Mailed notice. (dm, ) (Entered: 09/26/2019)
2019-11-0635MINUTE entry before the Honorable Mary M. Rowland: On the Court's own motion, status hearing set for 11/26/19 at 9:30am is re-set to 2:00pm. (Please Note Time Change Only.) Mailed notice. (dm, ) (Entered: 11/06/2019)
2019-11-1836MINUTE entry before the Honorable Mary M. Rowland: By agreement of the parties, status hearing set for 11/26/19 is stricken and re-set to 12/2/19 at 9:30am. Mailed notice. (dm, ) (Entered: 11/18/2019)
2019-12-0237MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Plaintiff appeared telephonically. Governments' production is complete. Plaintiff is trying to narrow dispute of the documents she believes she is entitled to. Status hearing set for 1/14/20 at 10:00am. Parties shall meet and confer prior to that date. Mailed notice. (dm, ) (Entered: 12/02/2019)
2020-01-1038MINUTE entry before the Honorable Mary M. Rowland: By agreement of the parties, status hearing set for 1/14/20 is stricken and reset to 1/30/20 at 9:30am. in order for parties to meet and confer about narrowing their dispute. Mailed notice. (dm, ) (Entered: 01/10/2020)
2020-01-3039MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Plaintiff's counsel appeared by phone. Parties have narrowed the dispute to 8 FOIA requests. Plaintiff to file a motion regarding the 8 FOIA requests in dispute by 2/28/20. Plaintiff is granted leave to file a brief of up to 25 pages. Parties shall submit a proposed briefing schedule to the the Court's proposed order mailbox at Proposed_Order_Rowland@ilnd.uscourts.gov. by 3/20/20. Mailed notice. (dm, ) (Entered: 01/30/2020)
2020-02-1040WITHDRAWING and Substitution of Counsel as counsel for Defendants Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security and substituting Alex Harms Hartzler as counsel of record (Hartzler, Alex) (Entered: 02/10/2020)
2020-02-2741MOTION by Plaintiff Jacqueline Stevens for extension of time to file Motion , MOTION by Plaintiff Jacqueline Stevens for extension of time (Glazer, Nicolette) (Entered: 02/27/2020)
2020-02-2742NOTICE of Motion by Nicolette Glazer for presentment of motion for extension of time to file, 41 before Honorable Mary M. Rowland on 3/5/2020 at 09:30 AM. (Glazer, Nicolette) (Entered: 02/27/2020)
2020-02-2843MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's unopposed motion for 3-day extension of time to file 41 is granted. Plaintiff's dispositive motion is due 3/2/20. No appearance necessary on 3/5/20. Mailed notice. (dm, ) (Entered: 02/28/2020)
2020-03-0244MOTION by Plaintiff Jacqueline Stevens to compel production or in the alternative for limited discovery (Attachments: # 1 Exhibit A (Plaintiff letter in re: missing documents), # 2 Exhibit B (Def Response on production), # 3 Exhibit C (Def Updated Response on production), # 4 Exhibit D (combined final closing ), # 5 Exhibit E (sample redacted production))(Glazer, Nicolette) (Entered: 03/02/2020)
2020-03-1645ORDER 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)
2020-03-1646ORDER 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)
2020-03-3047ORDER 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. (docket5, ) (Entered: 03/31/2020)
2020-04-1748MINUTE entry before the Honorable Mary M. Rowland: Parties are to submit a proposed briefing schedule on plaintiff's motion to compel 44 by 5/4/20. This date will not be modified by any General Orders entered regarding the coronavirus absent a motion by counsel. Mailed notice. (dm, ) (Entered: 04/17/2020)
2020-04-2449ORDER 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)
2020-04-2950(Joint Proposed Briefing Schedule) by Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, U.S. Citizenship and Immigration Services, U.S. Department of Health and Human Services, U.S. Geological Survey, United States Administration for International Development (Hartzler, Alex) (Entered: 04/29/2020)
2020-04-3051MINUTE entry before the Honorable Mary M. Rowland: The Court adopts the parties' joint proposed briefing schedule: Defendants to file a consolidated response to the motion to compel and motion for summary judgment in the defendants' favor by July 24, 2020. Plaintiff to file a consolidated reply in support of her motion to compel and response to the defendants' motion for summary judgment by August 24, 2020. Defendants to file a reply in support of their motion for summary judgment by September 14, 2020. These dates will not be impacted by any further General Orders regarding COVID 19 absent a motion from the parties. Mailed notice. (dm, ) (Entered: 04/30/2020)
2020-05-2652ORDER 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)
2020-07-1053ORDER 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)
2020-07-2454MOTION by Defendants U.S. Department of Health and Human Services, U.S. Citizenship and Immigration Services, United States Department of Commerce, Bureau of Industry and Security, Federal Bureau of Investigation, U.S. Department of State, Broadcasting Board of Governors, U.S. Customs and Border Protection, Office of Justice Programs, United States Administration for International Development, Department of Homeland Security, Immigration and Customs and Enforcement, U.S. Geological Survey for summary judgment (Defendants' Motion for Summary Judgment) (Hartzler, Alex) (Entered: 07/24/2020)
2020-07-2455MEMORANDUM motion to compel, 44 , motion for summary judgment,, 54 by Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security (Response to Plaintiff's Motion to Compel and Memorandum in Support of Summary Judgment) (Hartzler, Alex) (Entered: 07/24/2020)
2020-07-2456RULE 56 (L.R. 56.1) Statement by Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security regarding motion for summary judgment,, 54 (L.R. 56.1 Statement of Material Facts in Support of Defendants' Motion for Summary Judgment) (Hartzler, Alex) (Entered: 07/24/2020)
2020-08-2457MOTION by Plaintiff Jacqueline Stevens for extension of time to file response/reply as to memorandum,, 55 , text entry,, 51 , motion for summary judgment,, 54 (Glazer, Nicolette) (Entered: 08/24/2020)
2020-08-2558MINUTE entry before the Honorable Mary M. Rowland:Plaintiff's unopposed motion for 7-day extension of time 57 is granted. Plaintiff's response is due 8/31/20. Defendants' reply due 9/21/20. Mailed notice. (dm, ) (Entered: 08/25/2020)
2020-08-3159RESPONSE by Jacqueline Stevensin Opposition to MOTION by Plaintiff Jacqueline Stevens to compel production or in the alternative for limited discovery 44 , MOTION by Defendants U.S. Department of Health and Human Services, U.S. Citizenship and Immigration Services, United States Department of Commerce, Bureau of Industry and Security, Federal Bureau of Investigation, U.S. Department of State, Broadcasting 54 (Attachments: # 1 Supplement Response to R 56.1 SOF, # 2 Affidavit of Counsel and Exhibits R-1 to R-5)(Glazer, Nicolette) (Entered: 08/31/2020)
2020-09-0860MOTION by Defendants Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security for extension of time to file response/reply as to motion for summary judgment,, 54 (Unopposed) (Hartzler, Alex) (Entered: 09/08/2020)
2020-09-0961MINUTE entry before the Honorable Mary M. Rowland: Defendants' unopposed motion for extension of time 60 is granted. Defendants' reply is due 10/13/20. Mailed notice. (dm, ) (Entered: 09/09/2020)
2020-10-0862MOTION by Defendants Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security for leave to file (Defendants' Motion for Leave to File Additional Statements of Fact) (Hartzler, Alex) (Entered: 10/08/2020)
2020-10-0863RESPONSE by Jacqueline Stevensin Opposition to MOTION by Defendants Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Bord 62 (Glazer, Nicolette) (Entered: 10/08/2020)
2020-10-0864REPLY by Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security to response in opposition to motion, 63 (Defendants' Reply in Support of Motion for Leave to File Additional Statements of Fact) (Hartzler, Alex) (Entered: 10/08/2020)
2020-10-0965MINUTE entry before the Honorable Mary M. Rowland: Defendants' motion to file additional statement of facts 62 is granted. Defendants may file 12 additional statements of fact. Notices mailed. (psm, ) (Entered: 10/09/2020)
2020-10-1366REPLY by Defendants Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security to motion for summary judgment,, 54 (Defendants' Reply in Support of Summary Judgment) (Hartzler, Alex) (Entered: 10/13/2020)
2020-10-1367RULE 56 Local Rule 56.1 Statement by Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security regarding motion for summary judgment,, 54 (L.R. 56.1 Statement of Additional Facts in Support of Defendants' Motion for Summary Judgment) (Hartzler, Alex) (Entered: 10/13/2020)
2020-10-2068TRANSCRIPT OF PROCEEDINGS held on 12/2/19 before the Honorable Mary M. Rowland. Order Number: 39118. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, 312-435-6890. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 11/10/2020. Redacted Transcript Deadline set for 11/20/2020. Release of Transcript Restriction set for 1/18/2021. (Labella, Nancy) (Entered: 10/20/2020)
2020-10-2069TRANSCRIPT OF PROCEEDINGS held on 1/30/20 before the Honorable Mary M. Rowland. Order Number: 39118. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, 312-435-6890. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 11/10/2020. Redacted Transcript Deadline set for 11/20/2020. Release of Transcript Restriction set for 1/18/2021. (Labella, Nancy) (Entered: 10/20/2020)
2021-03-3070MINUTE entry before the Honorable Mary M. Rowland: Stevens's Motion to Compel 44 is denied. Opinion to follow. However, as described in greater detail in the memorandum and opinion, the various agencies' withholdings and redactions remain a live issue in this case, requiring further briefing. The government may file a renewed motion for summary judgement. Along with the motion, the government must file a Vaughn index or equivalently comprehensive document to aid the Court in its analysis. Given the delay, the Court expects that the government will provide exceptionally clear and detailed justifications to allow for a comprehensive resolution of the issues. The government's Motion for Summary Judgment 54 is granted in part and denied in part. Opinion to follow. The motion is granted as to USGS and ICE on the issue of adequacy of search. As to USAGM and HHS, summary judgement is denied due to insufficient detail in their declarations describing their search process. Summary judgement is also denied as to USCIS and USAID because their searches related to Northwestern University were inadequate. Telephonic status set for 4/19/21 at 9:30 AM. Counsel shall call 866-434-5269; access code 3751971. Parties are to confer prior to that date and be prepared to report on (1) the time required to complete the Vaughn index or equivalent, (2) the process for addressing the inadequate ASAGM and HHS declarations and (3) the further searches of USCIS and USAID. Mailed notice. (dm, ) (Entered: 03/30/2021)
2021-03-3071MEMORANDUM Opinion and Order. Signed by the Honorable Mary M. Rowland on 3/30/2021. Mailed notice. (dm, ) (Entered: 03/30/2021)
2021-03-3072MEMORANDUM Opinion and Order. Signed by the Honorable Mary M. Rowland on 3/30/2021. Mailed notice. (dm, ) (Entered: 03/30/2021)
2021-04-1973MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. The Government reported parties are working together to resolve issues without court intervention. Parties shall file an updated status report by 5/28/21. Mailed notice. (dm, ) (Entered: 04/19/2021)
2021-06-0174STATUS Report (Joint Status Report) by Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security (Hartzler, Alex) (Entered: 06/01/2021)
2021-06-0775MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint status report. Parties shall file updated status report by 7/23/21. Mailed notice. (dm, ) (Entered: 06/07/2021)
2021-07-2376STATUS Report (Joint Status Report) by Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, U.S. Citizenship and Immigration Services, U.S. Department of Health and Human Services, U.S. Geological Survey, United States Administration for International Development (Hartzler, Alex) (Entered: 07/23/2021)
2021-07-2677MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint status report. The parties continue to work together to determine the scope of any remaining issues relating to the agencies' withholdings. Parties shall file updated status report by 9/17/21. Mailed notice. (dm, ) (Entered: 07/26/2021)
2021-09-1778STATUS Report (Joint Status Report) by Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, U.S. Citizenship and Immigration Services, U.S. Department of Health and Human Services, U.S. Geological Survey, United States Administration for International Development (Hartzler, Alex) (Entered: 09/17/2021)
2021-09-2179MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint status report. The parties continue to work together to determine whether some of the remaining issues in this case can be resolved without the court's involvement. The parties are working together to determine the scope of any remaining issues relating to the agencies' withholdings. Telephonic status set for 11/22/21 at 9:30am. Counsel shall call 866-434-5269; access code 3751971. At that point the parties must be prepared to report the matter is resolved or report on the next steps in litigation for this 2018 case. Mailed notice. (dm, ) (Entered: 09/21/2021)
2021-11-2280MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Government reported on the status of the case. Parties are ready to set a summary judgment briefing schedule. Summary judgment motion is due 3/14/22. Telephonic status hearing set for 1/24/22 at 9:30am. Counsel shall call 866-434-5269; access code 3751971 to set the rest of the summary judgment briefing schedule. Mailed notice. (dm, ) (Entered: 11/22/2021)
2022-01-2481MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Parties are working to resolve sampling issues with regard to ICE production. ICE is to propose its sampling procedure to Plaintiff by 2/7/22. Plaintiff to respond to the Government by 2/21/22. Government to respond to Plaintiff by 2/28/22. Plaintiff's final response to the Government by 3/7/22. These are final dates and will not be extended in this nearly 4 year old case. Telephonic status hearing set for 3/11/22 at 9:00am. Parties shall call 866-434-5269 and the access code is 3751971. Parties are to be prepared to report that sampling issue has been resolved or succinctly report what sampling dispute remains and to set summary judgment schedule. Summary judgment motion deadline of 3/14/22 is stricken. Mailed notice. (dm, ) (Entered: 01/24/2022)
2022-03-1182MINUTE entry before the Honorable Mary M. Rowland: On the court's own motion, telephonic status hearing set for 3/11/22 is stricken and reset to 3/18/22 at 9:30am. Parties shall call 866-434-5269 and the access code is 3751971. Parties are to be prepared to report that sampling issue has been resolved or succinctly report what sampling dispute remains and to set summary judgment schedule. Mailed notice. (dm, ) (Entered: 03/11/2022)
2022-03-1883MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Parties report the sampling issue has been resolved. Summary judgment motion due 4/29/22; response due 5/27/22; reply 6/17/22. Mailed notice. (dm, ) (Entered: 03/21/2022)
2022-04-2984MOTION by Defendants U.S. Department of Health and Human Services, U.S. Citizenship and Immigration Services, United States Department of Commerce, Bureau of Industry and Security, Federal Bureau of Investigation, U.S. Department of State, Broadcasting Board of Governors, U.S. Customs and Border Protection, Office of Justice Programs, United States Administration for International Development, Department of Homeland Security, Immigration and Customs and Enforcement, U.S. Geological Survey for summary judgment (Hartzler, Alex) (Entered: 04/29/2022)
2022-04-2985MEMORANDUM by Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security in support of motion for summary judgment,, 84 (Hartzler, Alex) (Entered: 04/29/2022)
2022-04-2986RULE 56 LR 56.1 Statement by Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security regarding motion for summary judgment,, 84 (LR 56.1 Statement of Material Facts in Support of Defendants' Motion for Summary Judgment) (Hartzler, Alex) (Entered: 04/29/2022)
2022-05-2587MOTION by Plaintiff Jacqueline Stevens for extension of time from 5/27/2022 to 6/6/2022 (Glazer, Nicolette) (Entered: 05/25/2022)
2022-05-2688MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's unopposed motion for extension of time to file response 87 is granted. Plaintiff's response is due 6/6/22. Defendants' reply is due 7/1/22. Mailed notice. (dm, ) (Entered: 05/26/2022)
2022-06-0689RESPONSE by Jacqueline Stevensin Opposition to MOTION by Defendants U.S. Department of Health and Human Services, U.S. Citizenship and Immigration Services, United States Department of Commerce, Bureau of Industry and Security, Federal Bureau of Investigation, U.S. Department of State, Broadcasting 84 (Attachments: # 1 Appendix Response to R56.1 Statement, # 2 Declaration of N Glazer)(Glazer, Nicolette) (Entered: 06/06/2022)
2022-06-0690DECLARATION of Plaintiff Stevens regarding response in opposition to motion, 89 (Glazer, Nicolette) (Entered: 06/06/2022)
2022-07-0191REPLY by Defendants Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security to motion for summary judgment,, 84 (Defendants' Reply in Support of Summary Judgment) (Hartzler, Alex) (Entered: 07/01/2022)
2022-07-0192RESPONSE by Defendants Broadcasting Board of Governors, Department of Homeland Security, Immigration and Customs and Enforcement, Federal Bureau of Investigation, Office of Justice Programs, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of State, U.S. Geological Survey, United States Administration for International Development, United States Department of Commerce, Bureau of Industry and Security to response in opposition to motion, 89 (Defendants' Response to Plaintiff's Statement of Additional Facts) (Hartzler, Alex) (Entered: 07/01/2022)
2022-12-2993ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates) , any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022)
2023-03-0994MEMORANDUM Opinion and Order: This Court grants summary judgment 84 to the remaining agencies-USAGM, HHS, USCIS, USAID, ICE, and USGS. The Clerk is directed to enter judgment in Defendants' favor. Civil case terminated. Signed by the Honorable Mary M. Rowland on 3/9/2023. (See attached Order for further detail.) Mailed notice. (dm, ) (Entered: 03/09/2023)
2023-03-0995ENTERED JUDGMENT on 3/9/2023. Mailed notice. (dm, ) (Entered: 03/09/2023)
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