Case Detail

FOIA Project Annotation: A federal court in Washington has ruled that U.S. Immigration and Customs Enforcement has not shown that redacting personally identifying information from Form I-213s, which are records of deportable/ inadmissible aliens, created since January 2012, would be unduly burdensome. In response to requests from the University of Washington's Center for Human Rights to ICE and U.S. Customs and Border Protection, ICE took the position that because the records fell under the Privacy Act, the records could not be disclosed without individual third-party privacy waivers. By the time the dispute reached the court, ICE had abandoned that position but insisted that personally identifying information would need to be redacted before disclosure. Judge Barbara Rothstein rejected the agency's claim that she did not have sufficient agency affidavits to rule on the disclosure issue. Instead, Rothstein noted that "the question at issue here not the sufficiency of the production or propriety of redactions, but whether the parties have come to an agreement on the precise acceptable terms of the request, and whether ICE has even made a good-faith effort to initiate a responsive search." As a result, she ordered the parties to meet and come up with a satisfactory production schedule.
Issues: Choice of format - Burdensome

Date Filed	Doc #	Docket Text
2018-09-21	1	COMPLAINT against defendant(s) United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Receipt # 0981-5481227) Attorney Jordan Clark added to party Angelina Godoy(pty:pla), Attorney Jordan Clark added to party The Center for Human Rights at The University of Washington(pty:pla), Attorney Jordan Clark added to party The University of Washington(pty:pla), filed by The University of Washington, Angelina Godoy, The Center for Human Rights at The University of Washington. (Attachments: # 1 Exhibit A-KK, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Clark, Jordan) (Entered: 09/21/2018)
2018-09-24		Hon. Brian A Tsuchida added. (CDA) (Entered: 09/24/2018)
2018-09-24	2	Summons(es) Electronically Issued as to defendant(s) United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Attachments: # 1 Summons, # 2 Summons)(CDA) (Entered: 09/24/2018)
2018-10-02	3	APPLICATION OF ATTORNEY Thomas R. Burke FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington (Fee Paid) Receipt No. 0981-5493492 (Clark, Jordan) (Entered: 10/02/2018)
2018-10-02	4	ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Thomas R Burke for Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, and for The University of Washington, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) (Entered: 10/02/2018)
2018-10-16	5	CERTIFICATE OF SERVICE by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington re 2 Summons Issued, 1 Complaint,, to U.S. Dept. of Homeland Security (Clark, Jordan) (Entered: 10/16/2018)
2018-10-16	6	CERTIFICATE OF SERVICE by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington re 2 Summons Issued, 1 Complaint,, to U.S. Immigration and Customs Enforcement (Clark, Jordan) (Entered: 10/16/2018)
2018-10-29	7	CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington (Clark, Jordan) (Entered: 10/29/2018)
2018-11-14	8	PRAECIPE TO ISSUE SUMMONS by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington (Attachments: # 1 Summons, # 2 Summons)(Clark, Jordan) (Entered: 11/14/2018)
2018-11-15	9	Summons(es) Electronically Issued as to defendant(s) United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Attachments: # 1 US Attorney's Office, Washington D.C)(AE) (Entered: 11/15/2018)
2018-11-29	10	NOTICE of Change of Address/Change of Name of Attorney Jordan Clark. Filed by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington. (Clark, Jordan) Modified firm address on 11/29/2018 (DS). (Entered: 11/29/2018)
2018-11-30	11	NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendants United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Lambert, Michelle) (Entered: 11/30/2018)
2018-11-30	12	NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before the assigned Magistrate Judge, The Hon. Brian A. Tsuchida, if this form is not returned by 12/7/2018. Please Note: Forms must not be electronically filed with the Court. (KMP) (Entered: 11/30/2018)
2018-12-03	13	MINUTE ORDER REASSIGNING CASE by William M. McCool. Case reassigned to Judge Barbara J. Rothstein for all further proceedings. Hon. Brian A Tsuchida no longer assigned to case. cc to BJR. (AE) (Entered: 12/03/2018)
2018-12-04	14	ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 1/15/2019, FRCP 26f Conference Deadline is 1/2/2019, Initial Disclosure Deadline is 1/8/2019, by Judge Barbara J. Rothstein. (LW) (Entered: 12/04/2018)
2018-12-17	15	ANSWER to 1 Complaint,, by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Lambert, Michelle) (Entered: 12/17/2018)
2019-01-08	16	Unopposed MOTION to Stay Deadlines , filed by Defendants United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order) Noting Date 1/8/2019, (Lambert, Michelle) (Entered: 01/08/2019)
2019-01-14	17	MINUTE ORDER: The United States' 16 Unopposed MOTION to Stay Deadlines is GRANTED. All pending deadlines are STAYED and EXTENDED commensurate with duration of the lapse in appropriations. The Government shall notify the Court once appropriations have been received. Authorized by Judge Barbara J. Rothstein. (LW) (Entered: 01/14/2019)
2019-01-29	18	NOTICE of Appropriations Rec'd and Proposed Order re resetting deadlines ; filed by Defendants US Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. (Lambert, Michelle) (Entered: 01/29/2019)
2019-01-30	19	MINUTE ORDER re 18 Notice of Appropriations Rec'd and Order re resetting deadlines . Joint Status Report due by 2/15/2019 now that government funding is restored. Authorized by Judge Barbara J. Rothstein. (TH) (Entered: 01/30/2019)
2019-02-13	20	Stipulated MOTION for Relief of 26(F) Conference, Initial Disclosures and Joint Status Report , filed by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington. (Attachments: # 1 Proposed Order) Noting Date 2/13/2019, (Clark, Jordan) (Entered: 02/13/2019)
2019-03-11	21	ORDER granting 20 stipulated motion for relief from initial disclosure and discovery plan deadline. A Joint Status Report is due by 3/29/2019. Signed by Judge Barbara J. Rothstein.(RM) (Entered: 03/11/2019)
2019-03-29	22	JOINT STATUS REPORT signed by all parties estimated Trial Days: 1. (Clark, Jordan) (Entered: 03/29/2019)
2019-04-01	23	MINUTE ORDER: After review of the parties joint status report, the Court grants the parties request for additional time to resolve outstanding issues. The next joint status report is due no later than 5/13/2019. Authorized by Judge Barbara J. Rothstein. (RM) (Entered: 04/01/2019)
2019-05-13	24	JOINT STATUS REPORT signed by all parties estimated Trial Days: 3. (Clark, Jordan) (Entered: 05/13/2019)
2019-05-14	25	MINUTE ORDER: After review of the parties joint status report, the Court grants the parties request for additional time to resolve outstanding issues. The next joint status report is due no later than 6/27/2019. Authorized by Judge Barbara J. Rothstein. (TH) (Entered: 05/14/2019)
2019-06-03	26	STANDING ORDER FOR CIVIL CASES by Judge Barbara J. Rothstein. (RM) (Entered: 06/03/2019)
2019-06-27	27	Joint STATUS REPORT by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington (Clark, Jordan) (Entered: 06/27/2019)
2019-07-01	28	MINUTE ORDER: After review of the joint status report filed 6/27/2019, the parties shall file an updated joint status report no later than 8/12/2019. Authorized by Judge Barbara J. Rothstein. (RM) (Entered: 07/01/2019)
2019-08-12	29	JOINT STATUS REPORT signed by all parties estimated Trial Days: 1. (Clark, Jordan) (Entered: 08/12/2019)
2019-08-15	30	MINUTE ORDER: The Court has reviewed the joint status report submitted by counsel 29 . In that report counsel jointly request an additional 45 days during which they intend to resolve outstanding concerns. The Court will GRANT the request and order the filing of the next joint status report on or before September 26, 2019. The Court expects that by the time of the next report the parties will have materially progressed with resolution of the matter. So ordered. Signed by Judge Barbara Jacobs Rothstein on August 15, 2019. (RM) (Entered: 08/15/2019)
2019-09-26	31	Joint STATUS REPORT by Defendants US Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security (Lambert, Michelle) (Entered: 09/26/2019)
2019-09-27	32	MINUTE ORDER: The Court has reviewed the joint status report submitted by counsel 31 . In that report counsel jointly request an additional 60 days during which they intend to resolve outstanding concerns. The Court will GRANT the request and order the filing of the next joint status report on or before November 25, 2019. Authorized by Judge Barbara J. Rothstein. (RM) (Entered: 09/27/2019)
2019-11-25	33	Joint STATUS REPORT by Defendants US Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security (Lambert, Michelle) (Entered: 11/25/2019)
2019-11-27	34	MINUTE ORDER: The Court has reviewed the joint status report submitted by counsel 33 . In that report counsel jointly request an additional 60 days during which they intend to resolve outstanding concerns. The Court will GRANT the request and order the filing of the next joint status report on or before January 24, 2020. Authorized by Judge Barbara J. Rothstein. (RM) (Entered: 11/27/2019)
2020-01-24	35	JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 1. (Clark, Jordan) (Entered: 01/24/2020)
2020-01-29	36	MINUTE ORDER: The Court is in receipt of the parties' Joint Status Report [Dkt. No. 35] pursuant to the Court's November 27, 2019 order [Dkt. No. 34]. The Court accepts the parties' briefing schedule where Plaintiffs' Brief is due no later than February 14, 2020; ICE's Response is due no later than March 2, 2020; and Plaintiffs' Reply Brief is due no later than March 9, 2020. The parties are shall file another joint status report on or before March 24, 2020. Authorized by Judge Barbara J. Rothstein. (RM) (Entered: 01/29/2020)
2020-02-14	37	MOTION to Compel Defendant ICE to Search For and Produce Forms I-213 , filed by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 3/13/2020, (Clark, Jordan) (Entered: 02/14/2020)
2020-02-27	38	STIPULATION AND PROPOSED ORDER to extend time to respond by parties (Lambert, Michelle) (Entered: 02/27/2020)
2020-03-02	39	MINUTE ORDER. The Court is in receipt of parties' Stipulated Motion to Extend time to Respond. Dkt. No. 38 . The Parties having so stipulated and agreed, the Court hereby ORDERS that ICE's Response to Plaintiffs' Motion to Compel (Dkt. No. 37 ) is due no later than March 13, 2020; and Plaintiffs' Reply is due no later than March 20, 2020. The motion is noted for March 20, 2020. Authorized by Judge Barbara J. Rothstein. (PM) (Entered: 03/02/2020)
2020-03-13	40	RESPONSE, by Defendant US Immigration and Customs Enforcement, to 37 MOTION to Compel Defendant ICE to Search For and Produce Forms I-213 . (Lambert, Michelle) (Entered: 03/13/2020)
2020-03-13	41	DECLARATION of Fuentes filed by Defendant US Immigration and Customs Enforcement re 37 MOTION to Compel Defendant ICE to Search For and Produce Forms I-213 (Attachments: # 1 Exhibit 1-7)(Lambert, Michelle) (Entered: 03/13/2020)
2020-03-18	42	Stipulated MOTION to extend time to Reply , filed by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington. Noting Date 3/18/2020, (Clark, Jordan) (Entered: 03/18/2020)
2020-03-19	43	STIPULATION AND ORDER to extend time to Reply re parties' 42 Stipulated Motion. The Court hereby ORDERS that UWCHR'S reply brief is due no later than March 30, 2020. Signed by Judge Barbara J. Rothstein. (TH) (Entered: 03/19/2020)
2020-03-24	44	JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 1. (Clark, Jordan) (Entered: 03/24/2020)
2020-03-30	45	REPLY, filed by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington, TO RESPONSE to 37 MOTION to Compel Defendant ICE to Search For and Produce Forms I-213 (Attachments: # 1 Exhibit 1)(Clark, Jordan) (Entered: 03/30/2020)
2020-03-30	46	DECLARATION of Jordan Clark filed by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington re 37 MOTION to Compel Defendant ICE to Search For and Produce Forms I-213 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Clark, Jordan) (Entered: 03/30/2020)
2020-04-01	47	NOTICE of Intent to file a Surreply ; filed by Defendants US Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. (Lambert, Michelle) (Entered: 04/01/2020)
2020-04-02	48	MOTION for Leave to File Surreply , filed by Defendant US Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Surreply, # 2 Exhibit Proposed Order) Noting Date 4/2/2020, (Lambert, Michelle) (Entered: 04/02/2020)
2020-04-02	49	MINUTE ORDER: The Court is in receipt of Defendant ICE's motion seeking leave to file a surreply [Dkt. No. 48 ]. Finding good cause, the Court hereby GRANTS this motion and allows Defendant ICE to file this motion. Authorized by Judge Barbara J. Rothstein. (TH) (Entered: 04/02/2020)
2020-04-02	50	SURREPLY filed by Defendants US Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security re 37 MOTION to Compel Defendant ICE to Search For and Produce Forms I-213 and re 45 REPLY (Attachments: # 1 Proposed Order)(Lambert, Michelle) (Entered: 04/02/2020)
2020-04-03	51	RESPONSE by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington re 50 Surreply, (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Clark, Jordan) (Entered: 04/03/2020)
2020-04-21	52	ORDER granting Plaintiff's 37 Motion to Compel Defendant ICE to Search For and Produce Forms I-213 . The parties are hereby ordered to meet and confer, within 10 days of issuance of this order, to discuss and narrow the terms of the request as discussed herein. The parties are further directed to file a brief Joint Status Report, advising the Court whether an agreement as to production (including its scope and any agreed deadlines) according to the terms of this order has been reached, within 15 days of issuance of this order. Signed by Judge Barbara J. Rothstein. (TH) (Entered: 04/21/2020)
2020-05-04	53	JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 1. (Clark, Jordan) (Entered: 05/04/2020)
2020-05-04	54	STIPULATION AND PROPOSED ORDER regarding Defendant ICE's Production of Forms I-213 by parties (Clark, Jordan) (Entered: 05/04/2020)
2020-05-07	55	STIPULATION AND ORDER regarding Defendant ICE's Production of Forms I-213 re parties' 54 Stipulation. Signed by Judge Barbara J. Rothstein. (TH) (Entered: 05/07/2020)
2021-07-28	56	ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED: Plaintiffs are ORDERED to show cause by August 13, 2021, why the Court should not dismiss this case for lack of prosecution. If the parties have resolved all claims in this matter, they may file a stipulation and proposed order of dismissal in lieu of a response to the Order to Show Cause. Signed by Judge Barbara J. Rothstein. (MW) (Entered: 07/28/2021)
2021-08-13	57	RESPONSE TO ORDER TO SHOW CAUSE by Plaintiffs Angelina Godoy, The Center for Human Rights at The University of Washington, The University of Washington re: 56 Order to Show Cause, (Burke, Thomas) (Entered: 08/13/2021)
2021-09-14	58	ORDER DIRECTING PARTIES TO FILE JOINT STATUS REPORT. The Court ORDERS the parties to submit a joint status report by October 12, 2021. Signed by Judge Barbara J. Rothstein. (MW) (Entered: 09/14/2021)
2021-09-27	59	JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Lambert, Michelle) (Entered: 09/27/2021)
2021-10-01	60	MINUTE ORDER: Having reviewed the parties' joint status report (Dkt. No. 59 ), the Court ORDERS that the parties shall file a stipulation to dismiss the case or a joint status report on or before 12/27/2021. Authorized by Judge Barbara J. Rothstein. (MW) (Entered: 10/01/2021)
2021-12-03	61	Stipulated MOTION for Order of Dismissal , filed by Defendants US Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. (Lambert, Michelle) (Entered: 12/03/2021)
2021-12-03	62	STIPULATION AND ORDER OF DISMISSAL: This action is dismissed with prejudice. Signed by Judge Barbara J. Rothstein. (MW) (Entered: 12/03/2021)
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