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Case TitleAmerican Civil Liberties Union Foundation et al v. Department of Justice et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv00290
Date Filed2019-01-17
Date ClosedOpen
JudgeJudge Edward M. Chen
PlaintiffAmerican Civil Liberties Union Foundation
PlaintiffAmerican Civil Liberties Foundation of Northern California
Case DescriptionThe American Civil Liberties Union submitted FOIA requests to the Department of Justice, the Department of Homeland Security, and the Department of State for records concerning the government's use of social media surveillance technology. The ACLU also requested expedited processing and a fee waiver. Several agencies denied the ACLU's request for expedited processing. The State Department told the ACLU that its request did not sufficiently describe the records sought. The ACLU filed administrative appeals of all denials. Having heard nothing further from any of the agencies, the ACLU filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantDepartment of Justice
DefendantU.S. Department of Justice
DefendantFederal Bureau of Investigation
DefendantDepartment of Homeland Security
DefendantU.S. Customs and Border Protection
DefendantU.S. Citizenship and Immigration Services
DefendantU.S. Immigration and Customs Enforcement
DefendantDepartment of State
Documents
Docket
Complaint
Opinion/Order [39]
FOIA Project Annotation: A federal court in California has ruled that the FBI has not shown that its Glomar response neither confirming nor denying the existence of records was justified in response to a FOIA request from the ACLU for records concerning the use and purchase of social media surveillance technologies. The agency indicated that its Glomar response was justified under Exemption 7(E) (investigative methods or techniques). The FBI initially issued a Glomar response covering all five parts of the ACLU's request, but later modified that claim to cover only records concerning the purchase of such technologies. The ACLU argued that it was widely known that agencies used technologies for monitoring social media. Judge Edward Chen noted that "if other federal agencies have disclosed uses of social media monitoring in the immigration and transportation contexts, but the FBI has not, does that distinction matter for the purpose of assessing whether the technique is publicly known?" Both parties cited ACLU v. CIA, 710 F.3d 422 (D.C. Cir. 2013), in which the D.C. Circuit held that the CIA's Glomar response to the ACLU's request for records on the agency's intelligence interest in drone strikes was no longer tenable after President Obama and other senior officials had acknowledged such an involvement. Noting that ACLU v. CIA explained that an agency could not issue a Glomar response when its parent agency had previously disclosed the information, Chen pointed out that "ACLU does not suggest that the known use of a technique by one agency creates public knowledge of uses by a different agency, unless it is publicly known that the agency's parent agency utilizes that technique. Here, the FBI's parent agency is the Department of Justice, and the ACLU provides no evidence that it is publicly known that the Department of Justice utilizes the social media monitoring techniques in question." Although the ACLU provided evidence that the Department of Homeland Security and the Department of State had publicly acknowledged the use of social media monitoring technologies, it had not provided evidence that the Department of Justice had done so. As a result, Chen observed that "the Court finds that the weight of authority suggests that the ACLU cannot seek disclosure of the FBI's policies based on other agencies having disclosed their own policies, together with acknowledgement that they share information with the FBI." However, Chen then noted that "even if the FBI's use of social media monitoring in the contexts at use cannot be imputed from the conduct of other agencies, Exemption 7(E) does not protect disclosures of an application of a known technique to particular facts, as distinguished from disclosure of an unknown law enforcement technique." Here, Chen cited Rosenfeld v. Dept of Justice, 57 F.3d 803 (9th Cir. 1995) and Hamdan v. Dept of Justice, 797 F.3d 759 (9th Cir. 2015), to support that conclusion, noting that "Exemption 7(E) cannot be used to withhold information about a technique that is generally known to the public when what is at issue is a specific application of that technique to a specific context. Conversely, Exemption 7(E) does protect specific means by which an agency uses a technique where the general technique is known, but the specific means of employing that technique are not." Applying that standard here, Chen pointed out that "disclosure of social media surveillance �" a well-known general technique �" would not reveal the specific means of surveillance. Denying a Glomar response would only reveal in general the application of a known technique by the FBI to immigration- or transportation-related investigations. Merely requiring the FBI to answer whether there are documents of the kind requested would not, at this juncture, require the disclosure of those documents which might reveal specific tools or techniques utilized by the FBI." The FBI argued that requiring it to search for records could reveal the agency's lack of capacity if no records were found. Chen pointed out that "however, the language of Exemption 7(E) refers only to disclosure of techniques and procedures, and not to the lack of any such technique or procedure, and the Ninth Circuit has limited the application of 'risk of circumvention' of the law under Exemption 7(E) to guidelines, not techniques and procedures. Hence, it not clear whether Defendant's negative inference argument is cognizable under Exemption 7(E)." Ordering the agency to search for records, Chen observed that "even if the FBI were to disclose it has no records of purchasing or acquiring products or services used to surveil social media, that does not mean that the FBI has no tools at its disposal, as it could have developed such tools internally."
Issues: Exemption 7(E) - Investigative methods or techniques, Exemption 7(E) - Unknown to public
Opinion/Order [110]
Opinion/Order [116]
Opinion/Order [145]
Opinion/Order [150]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-171COMPLAINT for Injunctive Relief for Violation of the Freedom of Information Act against Department of Homeland Security, Department of Justice, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, (Filing Fee: $400.00, receipt number 0971-13010965). Filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Attachments: #(1) Civil Cover Sheet)(Cagle, Matthew) (Filed on 1/17/2019) Modified on 1/18/2019 (tnS, COURT STAFF). (Entered: 01/17/2019)
2019-01-172Proposed Summons. (Cagle, Matthew) (Filed on 1/17/2019) (Entered: 01/17/2019)
2019-01-173CERTIFICATE OF SERVICE filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation of Certification of Interested Entities or Persons (Cagle, Matthew) (Filed on 1/17/2019) (Entered: 01/17/2019)
2019-01-174MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13010990) (Filing Fee Previously Paid on 1/17/2019) filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 1/17/2019) (Entered: 01/17/2019)
2019-01-175Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/31/2019. (srnS, COURT STAFF) (Filed on 1/17/2019) (Entered: 01/17/2019)
2019-01-186ORDER by Magistrate Judge Sallie Kim granting 4 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 1/18/2019) (Entered: 01/18/2019)
2019-01-187Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 4/15/2019. Initial Case Management Conference set for 4/22/2019 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 1/18/2019) (Entered: 01/18/2019)
2019-01-188Summons Issued as to Defendants Department of Homeland Security, Department of Justice, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection & U.S. Immigration and Customs Enforcement. (tnS, COURT STAFF) (Filed on 1/18/2019) (Entered: 01/18/2019)
2019-01-309CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation.. (Handeyside, Hugh) (Filed on 1/30/2019) (Entered: 01/30/2019)
2019-01-3110SUMMONS Returned Executed (FOIA) by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. Department of Homeland Security served on 1/23/2019, answer due 2/22/2019; Department of Justice served on 1/23/2019, answer due 2/22/2019; Department of State served on 1/23/2019, answer due 2/22/2019; Federal Bureau of Investigation served on 1/23/2019, answer due 2/22/2019; U.S. Citizenship and Immigration Services served on 1/23/2019, answer due 2/22/2019; U.S. Customs and Border Protection served on 1/23/2019, answer due 2/22/2019; U.S. Immigration and Customs Enforcement served on 1/23/2019, answer due 2/22/2019. (Handeyside, Hugh) (Filed on 1/31/2019) (Entered: 01/31/2019)
2019-02-2011NOTICE of Appearance by Elizabeth Tulis (Tulis, Elizabeth) (Filed on 2/20/2019) (Entered: 02/20/2019)
2019-02-2012STIPULATION to Extend Defendants' Time to Respond to the Complaint filed by Department of Homeland Security, Department of Justice, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection. (Tulis, Elizabeth) (Filed on 2/20/2019) (Entered: 02/20/2019)
2019-02-2213CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 3/8/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
2019-03-0814CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Department of Homeland Security, Department of Justice, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement.. (Tulis, Elizabeth) (Filed on 3/8/2019) (Entered: 03/08/2019)
2019-03-1115CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 3/11/2019) (Entered: 03/11/2019)
2019-03-1216ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 3/12/19. (Attachments: # 1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 3/12/2019) (Entered: 03/12/2019)
2019-03-1317CASE MANAGEMENT ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 5/2/2019 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Joint Case Management Statement due by 4/25/2019. Signed by Judge Edward M. Chen on 3/13/2019. (afmS, COURT STAFF) (Filed on 3/13/2019) (Entered: 03/13/2019)
2019-03-2518ANSWER to Complaint byDepartment of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 3/25/2019) (Entered: 03/25/2019)
2019-04-2519JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 4/25/2019) (Entered: 04/25/2019)
2019-05-0220Minute Entry for proceedings held before Judge Edward M. Chen: Initial Case Management Conference held on 5/2/2019. Joint Case Management Statement due by 6/5/2019. Further Case Management Conference set for 6/12/2019 10:30 AM in San Francisco, Courtroom 05, 17th Floor. See pdf image for further details. Total Time in Court: 5 Minutes. Court Reporter: Not Reported. Plaintiff Attorneys: High Handeyside, Matt Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 5/2/2019) (Entered: 05/03/2019)
2019-06-0521JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Cagle, Matthew) (Filed on 6/5/2019) (Entered: 06/05/2019)
2019-06-1222Minute Entry for proceedings held before Judge Edward M. Chen: Further Case Management Conference held on 6/12/2019. Joint letter to the Court due 6/14/2019. See pdf image for further details. Further Status Conference set for 9/5/2019 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Joint Status Report due by 8/29/2019. Total Time in Court: 26 Minutes. Court Reporter: Not Reported. Plaintiff Attorney: Matt Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 6/12/2019) (Entered: 06/13/2019)
2019-06-1423AMENDED MINUTES to 22 Minutes re: Further Case Management Conference. (afmS, COURT STAFF) (Filed on 6/14/2019) (Entered: 06/14/2019)
2019-06-1424Letter from Elizabeth Tulis re: Issue Raised at June 12, 2019, Status Conference . (Tulis, Elizabeth) (Filed on 6/14/2019) (Entered: 06/14/2019)
2019-06-2125STATUS REPORT Joint Status Report by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 6/21/2019) (Entered: 06/21/2019)
2019-07-0326ORDER Re Partial Summary Judgment Briefing. Signed by Judge Edward M. Chen on 7/3/2019. (emcsec, COURT STAFF) (Filed on 7/3/2019) (Entered: 07/03/2019)
2019-07-1127STIPULATION WITH PROPOSED ORDER re 26 Order on Partial Summary Judgment Briefing filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 7/11/2019) (Entered: 07/11/2019)
2019-07-1128Order by Judge Edward M. Chen granting 27 Stipulation Setting Briefing Schedule on Motion for Partial Summary Judgment. Motion for Partial Summary Judgment to be filed by 9/6/2019; opposition due 9/20/2019; reply due 9/27/2019; hearing to be set 10/17/2019 at 1:30 p.m.(afmS, COURT STAFF) (Filed on 7/11/2019) (Entered: 07/11/2019)
2019-07-11Set/Reset Deadlines as to Responses due by 9/20/2019. Replies due by 9/27/2019. Motion Hearing set for 10/17/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 7/11/2019) (Entered: 07/11/2019)
2019-08-2929JOINT STATUS REPORT by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 8/29/2019) Modified on 8/30/2019 (slhS, COURT STAFF). (Entered: 08/29/2019)
2019-09-0430NOTICE of Appearance by Amy Powell (Powell, Amy) (Filed on 9/4/2019) (Entered: 09/04/2019)
2019-09-0532Minute Entry for proceedings held before Judge Edward M. Chen: Status Conference held on 9/5/2019. Joint Status Report due by 1/9/2020. Further Status Conference set for 1/16/2020 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. See pdf image for further details. Total Time in Court: 14 Minutes. Court Reporter: Not Reported. Plaintiff Attorney: Matthew Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 9/5/2019) (Entered: 09/06/2019)
2019-09-0631NOTICE AND MOTION for Partial Summary Judgment filed by Federal Bureau of Investigation. Motion Hearing set for 10/17/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 9/20/2019. Replies due by 9/27/2019. (Attachments: # 1 Declaration of Michael G. Seidel, with exhibits, # 2 Proposed Order)(Powell, Amy) (Filed on 9/6/2019) (Entered: 09/06/2019)
2019-09-2033OPPOSITION/RESPONSE (re 31 MOTION for Partial Summary Judgment ) Plaintiffs Opposition To Defendants Motion For Partial Summary Judgement filed byAmerican Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 9/20/2019) (Entered: 09/20/2019)
2019-09-2034Declaration of Hugh E. Handeyside in Support of 33 Opposition/Response to Motion, filed byAmerican Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Related document(s) 33 ) (Handeyside, Hugh) (Filed on 9/20/2019) (Entered: 09/20/2019)
2019-09-2435CLERK'S NOTICE: Motion Hearing as to 31 MOTION for Partial Summary Judgment set for 10/17/2019 is vacated and rescheduled to be heard 10/24/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Briefing remains unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 9/24/2019) (Entered: 09/24/2019)
2019-09-2736REPLY in Further Support (re 31 MOTION for Partial Summary Judgment) filed by Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 9/27/2019) Modified on 9/30/2019 (slhS, COURT STAFF). (Entered: 09/27/2019)
2019-10-0237CLERK'S NOTICE: Due to unavailability of the Court, Motion Hearing re: 31 MOTION for Partial Summary Judgment set for 10/24/2019 is vacated and specially reset for 10/23/2019 10:00 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 10/2/2019) (Entered: 10/02/2019)
2019-10-2338Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 10/23/2019; taking under submission 31 Motion for Partial Summary Judgment. Total Time in Court: 36 Minutes. Court Reporter: Ruth Ekhaus. Plaintiff Attorneys: Matthew Cagle, Hugh Handeyside. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 10/23/2019) (Entered: 10/24/2019)
2019-11-1839ORDER by Judge Edward M. Chen Denying 31 Defendant's Motion for Partial Summary Judgment. (emcsec, COURT STAFF) (Filed on 11/18/2019) (Entered: 11/18/2019)
2020-01-0940JOINT STATUS REPORT by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 1/9/2020) (Entered: 01/09/2020)
2020-01-1641Minute Entry for proceedings held before Judge Edward M. Chen: Status Conference held on 1/16/2020, CASE REFERRED to Magistrate Judge for Discovery. Joint Status Report due by 4/9/2020. Further Status Conference set for 4/16/2020 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen.Total Time in Court: 26 Minutes. Court Reporter: Not Reported. Plaintiff Attorney: Matt Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 1/16/2020) (Entered: 01/17/2020)
2020-01-17CASE REFERRED to Magistrate Judge Robert M. Illman for Discovery (ahm, COURT STAFF) (Filed on 1/17/2020) (Entered: 01/17/2020)
2020-01-3142CLERK'S NOTICE Discovery Hearing (Dkt. 41) set for 2/5/2020 10:00 AM in McKinleyville before Magistrate Judge Robert M. Illman. Parties may appear by phone by dialing 888-684-8852/Access Code 1868782. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Filed on 1/31/2020) (Entered: 01/31/2020)
2020-02-0543PDF with attached Audio File. Court Date & Time [ 2/5/2020 10:04:05 AM ]. File Size [ 7824 KB ]. Run Time [ 00:16:18 ]. (courtspeak). (Entered: 02/05/2020)
2020-02-0544Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Discovery Hearing held on 2/5/2020. Parties shall meet and confer and file individual letter briefs. Briefs due no later than two weeks from this date. FTR Time: 10:04-10:20. Plaintiff Attorney: Hugh Handeyside by phone. Defendant Attorney: Elizabeth Tulis by phone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Date Filed: 2/5/2020) (Entered: 02/05/2020)
2020-02-1945Letter from Elizabeth Tulis Letter Brief re: Plaintiffs' Demand for Production Deadline . (Attachments: # 1 Exhibit - FOIA Request, # 2 Exhibit - Declaration of David M. Hardy, # 3 Exhibit - Declaration of Vanessa R. Brinkmann, # 4 Exhibit - Declaration of Eric F. Stein, # 5 Exhibit - Declaration of Melissa Smislova, # 6 Exhibit - Declaration of James V.M.L. Holzer)(Tulis, Elizabeth) (Filed on 2/19/2020) (Entered: 02/19/2020)
2020-02-1946Letter from Matthew Cagle Letter Brief re: Plaintiffs' Demand for Production Deadline . (Cagle, Matthew) (Filed on 2/19/2020) (Entered: 02/19/2020)
2020-03-1847CLERK'S NOTICE Discovery Hearing (dkts. 45 & 46) set for 4/14/2020 at 11:00 AM in McKinleyville before Magistrate Judge Robert M. Illman. Parties shall submit a Joint Status Update 3 days prior to the hearing. Parties shall appear by phone by dialing 888-684-8852/Access Code 1868782. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1s, COURT STAFF) (Filed on 3/18/2020) (Entered: 03/18/2020)
2020-03-2548CLERK'S NOTICE CONVERTING STATUS CONFERENCE SET FOR APRIL 16, 2020 TO TELEPHONIC. Telephonic Status Conference set 4/16/2020 at 10:30 a.m. Parties to make arrangements to appear through Court Call by calling: 1-888-882-6878. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 3/25/2020) (Entered: 03/25/2020)
2020-04-0949Joint Status Report filed by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 4/9/2020) (Entered: 04/09/2020)
2020-04-1450Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Discovery Hearing held on 4/14/2020.Parties will submit an update within 21 days. AT&T Conference Time: 11:02-11:25. Plaintiff Attorneys: Matthew Cagle and Hugh Handeyside both by phone. Defendant Attorney: Elizabeth Tulis by phone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Date Filed: 4/14/2020) (Entered: 04/14/2020)
2020-04-1551CLERK'S NOTICE RE IMPORTANT CALL-IN INFORMATION FOR TELEPHONIC CONFERENCE SET 4/16/2020 at 10:30 AM: Parties are to call 1-888-684-8852/access code: 6662706 to join the conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 4/15/2020) (Entered: 04/15/2020)
2020-04-1652Minute Entry for proceedings held before Judge Edward M. Chen: Status Conference held on 4/16/2020. See pdf image for further details. Joint Status Report due by 6/11/2020. Further Status Conference set for 6/18/2020 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Total Time in Court: 20 Minutes. Court Reporter: Katherine Sullivan. Plaintiff Attorney: Hugh Handiside. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 4/16/2020) (Entered: 04/17/2020)
2020-05-0553STATUS REPORT Joint Status Report by Department of Homeland Security, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 5/5/2020) (Entered: 05/05/2020)
2020-05-0754ORDER. The parties shall submit a further joint status update by June 5, 2020. Signed by Judge Robert M. Illman on 05/07/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1s, COURT STAFF) (Filed on 5/7/2020) (Entered: 05/07/2020)
2020-06-0555STATUS REPORT Joint Status Report by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 6/5/2020) (Entered: 06/05/2020)
2020-06-1056ORDER. The parties shall submit a further joint status update by July 6, 2020. Signed by Judge Robert M. Illman on 06/10/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1, COURT STAFF) (Filed on 6/10/2020) (Entered: 06/10/2020)
2020-06-1157Joint Status Report by Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 6/11/2020) (Entered: 06/11/2020)
2020-06-1758CLERKS NOTICE CONVERTING STATUS CONFERENCE TO ZOOM HEARING. Status Conference set for 6/18/2020 10:30 AM in San Francisco before Judge Edward M. Chen. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ This proceeding will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. All participating counsel shall enter the proceeding as Attendees and then promoted to the virtual well of the Court after raising hand. All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1609601324?pwd=NE9adStxcFN5d1F4L0lZSE8yVEc0UT09 Meeting ID: 160 960 1324 Password: 756729 Dial by your location +1 929 205 6099 US (New York) +1 253 215 8782 US +1 301 715 8592 US +1 312 626 6799 US (Chicago) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) Find your local number: https://zoom.us/u/ac4JkPfcjo For important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/ . Status Conference set for 6/18/2020 10:30 AM in San F rancisco before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/17/2020) (Entered: 06/17/2020)
2020-06-1859Minute Entry for proceedings held before Judge Edward M. Chen: Status Conference held on 6/18/2020. Joint Case Management Statement due by 9/10/2020. Further Case Management Conference set for 9/17/2020 10:30 AM in San Francisco. Court also requested proposed briefing schedule for Motion for Summary Judgment. Proposed briefing schedule due 8/31/2020. See pdf image for further details. Total Time in Court: 18 Minutes. Court Reporter: Ana Dub. Plaintiff Attorneys: Hugh Handeyside, Matt Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 6/18/2020) (Entered: 06/23/2020)
2020-07-0260Joint MOTION for Extension of Time to File Joint Status Report filed by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 7/2/2020) (Entered: 07/02/2020)
2020-07-0661Order by Magistrate Judge Robert M. Illman granting 60 Motion for Extension of Time to File.(glmS, COURT STAFF) (Filed on 7/6/2020) (Entered: 07/06/2020)
2020-07-1362Joint MOTION for Extension of Time to File Joint Status Report filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 7/13/2020) (Entered: 07/13/2020)
2020-07-1363Order by Magistrate Judge Robert M. Illman granting 62 Motion for Extension of Time to File. Pursuant to the parties stipulation, the deadline to file their joint status update is hereby extended to July 17, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)
2020-07-1764STATUS REPORT Joint Status Report by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 7/17/2020) (Entered: 07/17/2020)
2020-07-2365STATUS REPORT Joint Status Report with Corrected Signature Block by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 7/23/2020) (Entered: 07/23/2020)
2020-07-2366ORDER. The parties shall submit a further joint status update by 8/24/2020. Signed by Judge Robert M. Illman on 07/23/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1, COURT STAFF) (Filed on 7/23/2020) (Entered: 07/23/2020)
2020-08-2467STATUS REPORT Joint Status Report by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 8/24/2020) (Entered: 08/24/2020)
2020-08-2568CLERKS NOTICE SETTING TELEPHONIC HEARING. Discovery Hearing set for 9/2/2020 before Magistrate Judge Robert M. Illman. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-684-8852 Access Code: 1868782 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (Related documents(s) 67 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Filed on 8/25/2020) (Entered: 08/25/2020)
2020-08-2769STIPULATION WITH PROPOSED ORDER To Continue Status Conference filed by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 8/27/2020) (Entered: 08/27/2020)
2020-08-2870Order by Magistrate Judge Robert M. Illman granting 69 Stipulation. Discovery Hearing reset for 9/8/2020 before Magistrate Judge Robert M. Illman. Appearance instructions remain the same. (glmS, COURT STAFF) (Filed on 8/28/2020) (Entered: 08/28/2020)
2020-08-3171STATUS REPORT Joint Status Report with Proposed Briefing Schedule by Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 8/31/2020) Modified on 9/2/2020 (afmS, COURT STAFF). (Entered: 08/31/2020)
2020-09-0272Order by Judge Edward M. Chen granting 71 Status Report. Briefing schedule for cross-motions for motion for summary judgment: defendant's opening brief due 11/9/2020; plaintiff's cross-motion and opposition due 12/4/2020; defendant's reply and opposition due 1/20/2021; hearing on cross-motion due 2/4/2021 at 1:30 PM before Judge Edward M. Chen.(afmS, COURT STAFF) (Filed on 9/2/2020) (Entered: 09/02/2020)
2020-09-02Set/Reset Deadlines as to Responses due by 11/9/2020. Replies due by 12/4/2020. Motion Hearing set for 2/4/2021 01:30 PM in San Francisco before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 9/2/2020) (Entered: 09/02/2020)
2020-09-0873Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Discovery Hearing held on 9/8/2020.Plaintiff to prepare proposed order, allow for defense counsel review, and submit/file by September 14, 2020. Next update due in no more than 30 days. FTR Time: 10:10-10:35 AT&T Teleconference Recording. Plaintiff Attorneys: Matthew Cagle and Hugh Handeyside. Defendant Attorney: Elizabeth Tulis. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Date Filed: 9/8/2020) (Entered: 09/08/2020)
2020-09-1074STATUS REPORT Joint Status Report by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 9/10/2020) (Entered: 09/10/2020)
2020-09-1475Proposed Order by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Cagle, Matthew) (Filed on 9/14/2020) Modified on 9/15/2020 (wsnS, COURT STAFF). (Entered: 09/14/2020)
2020-09-1576CLERKS NOTICE CONVERTING FURTHER CASE MANAGEMENT CONFERENCE TO ZOOM HEARING. Further Case Management Conference set for 9/17/2020 10:30 AM in San Francisco. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc General Order 58. Persons granted access to court proceedings he ld by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Further Case Management Conference set for 9/17/2020 10:30 AM in San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 9/15/2020) (Entered: 09/15/2020)
2020-09-1577Order by Magistrate Judge Robert M. Illman granting 75 Administrative Motion.(glmS, COURT STAFF) (Filed on 9/15/2020) (Entered: 09/15/2020)
2020-09-1778Minute Entry for proceedings held before Judge Edward M. Chen: Further Case Management Conference held on 9/17/2020. Further Case Management Conference set for 2/4/2021 01:30 PM in San Francisco. Joint Case Management Statement due by 1/28/2021. See pdf image for further details. Total Time in Court: 10 Minutes. Court Reporter: Ana Dub. Plaintiff Attorney: Hugh Handeyside. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 9/17/2020) (Entered: 09/21/2020)
2020-10-0879STATUS REPORT Joint Status Report by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 10/8/2020) (Entered: 10/08/2020)
2020-10-1580Joint Status Report filed by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 10/15/2020) (Entered: 10/15/2020)
2020-10-1681ORDER. The Parties are directed to file a further joint status update by November 16, 2020. Signed by Judge Robert M. Illman on 10/16/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc2S, COURT STAFF) (Filed on 10/16/2020) (Entered: 10/16/2020)
2020-10-3082Consent MOTION for Extension of Time to File Summary Judgment Motion filed by Department of Homeland Security. (Attachments: # 1 Proposed Order)(Tulis, Elizabeth) (Filed on 10/30/2020) (Entered: 10/30/2020)
2020-11-0583(Disregard. Amended Order to issue). Order by Judge Edward M. Chen granting 82 Consent MOTION for Extension of Time to File Summary Judgment Motion. Defendant's Motion for Summary Judgment due 12/10/2020; plaintiff's opposition and cross-Motion for Summary Judgment due 1/22/2021; defendant's reply and opposition to cross-motion due 2/22/2021; plaintiff's reply due 3/8/2021; hearing on motions set 3/22/2021 at 1:30 P.M. before Judge Edward M. Chen.(afmS, COURT STAFF) (Filed on 11/5/2020) Modified on 11/5/2020 (afmS, COURT STAFF). (Entered: 11/05/2020)
2020-11-0584ORDER AS MODIFIED re 82 Consent MOTION for Extension of Time to File Summary Judgment Motion filed by Department of Homeland Security, Set/Reset Deadlines as to 82 Consent MOTION for Extension of Time to File Summary Judgment Motion . Defendant's Motion for Summary Judgment due 12/10/2020; plaintiff's opposition and cross-motion due by 1/22/2021; defendant's reply and opposition to cross-motion due by 2/22/2021; plaintiff's reply due 3/8/2021. Motions Hearing set for 3/25/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 11/5/2020. (afmS, COURT STAFF) (Filed on 11/5/2020) (Entered: 11/05/2020)
2020-11-1685Joint MOTION for Extension of Time to File Status Report filed by Department of Homeland Security, Department of State, U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Tulis, Elizabeth) (Filed on 11/16/2020) (Entered: 11/16/2020)
2020-11-1786Order by Magistrate Judge Robert M. Illman granting 85 Motion for Extension of Time to File.(glmS, COURT STAFF) (Filed on 11/17/2020) (Entered: 11/17/2020)
2020-11-1887Joint Status Report filed by Department of Homeland Security, Department of State, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 11/18/2020) (Entered: 11/18/2020)
2020-11-1988ORDER for parties to file a joint status report in 30 days. Signed by Magistrate Judge Robert M. Illman on 11/19/20. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1, COURT STAFF) (Filed on 11/19/2020) (Entered: 11/19/2020)
2020-12-0789MOTION for Extension of Time to File Motion for Summary Judgment filed by Department of Homeland Security. (Attachments: # 1 Proposed Order)(Tulis, Elizabeth) (Filed on 12/7/2020) (Entered: 12/07/2020)
2020-12-0890Order by Judge Edward M. Chen granting 89 Motion for Extension of Time to File Motion for Summary Judgment. January 11, 2021: Defendants motion for summary judgment due 1/11/2021; plaintiffs' opposition and cross-motion due 2/22/2021; defendant's reply and opposition to cross-motion due 3/24/2021; plaintiffs' reply due 4/8/2021; hearing set 4/22/2021 at 1:30 PM on parties' cross-motions. (afmS, COURT STAFF) (Filed on 12/8/2020) (Entered: 12/08/2020)
2020-12-08Set/Reset Deadlines as to Motion Hearing set for 4/22/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 12/8/2020) (Entered: 12/08/2020)
2020-12-2191STATUS REPORT Joint Status Report by Department of Homeland Security, Department of State, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 12/21/2020) (Entered: 12/21/2020)
2021-01-0792Consent MOTION for Extension of Time to File Motion for Summary Judgment filed by Department of Homeland Security. (Attachments: # 1 Proposed Order)(Tulis, Elizabeth) (Filed on 1/7/2021) (Entered: 01/07/2021)
2021-01-0793ORDER by Judge Edward M. Chen granting 92 Motion for Extension of Time to File Motion for Summary Judgment. Motion due 1/14/2021; opposition and cross-motion due 3/27/2021; reply and opposition to cross-motion due 4/11/2021; hearing set 4/29/2021 at 1:30PM. (afmS, COURT STAFF) (Filed on 1/7/2021) (Entered: 01/07/2021)
2021-01-07Set/Reset Deadlines as to Responses due by 3/27/2021. Replies due by 4/11/2021. Motion Hearing set for 4/29/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 1/7/2021) (Entered: 01/07/2021)
2021-01-1294CLERK'S NOTICE CHANGING TIME OF FURTHER CASE MANAGEMENT CONFERENCE SET 2/4/2021 FROM 1:30PM TO 10:30AM: Further Case Management Conference set for 2/4/2021 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc General Orde r 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Further Case Management Conference set for 2/4/2021 10:30 AM in San Francisco, - Videoconfer ence Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 1/12/2021) (Entered: 01/12/2021)
2021-01-1295Consent MOTION for Extension of Time to File Motion for Summary Judgment filed by Department of Homeland Security. (Attachments: # 1 Proposed Order)(Tulis, Elizabeth) (Filed on 1/12/2021) (Entered: 01/12/2021)
2021-01-1396ORDER by Judge Edward M. Chen granting 95 Consent Motion for Extension of Time to File Motion for Summary Judgment. Motions due by 1/28/2021; opposition and cross-motions due 3/11/2021; reply and opposition to cross-motion due 4/9/2021; plaintiff's reply due 4/22/2021. Motion Hearing set for 5/6/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 1/13/2021) (Entered: 01/13/2021)
2021-01-2897NOTICE of Appearance by Michael Joseph Gerardi (Gerardi, Michael) (Filed on 1/28/2021) (Entered: 01/28/2021)
2021-01-2898MOTION for Summary Judgment filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. Motion Hearing set for 5/6/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. Responses due by 3/11/2021. Replies due by 4/9/2021. (Attachments: # 1 Pineiro Decl., # 2 Exs. to Pineiro Decl., # 3 Howard Decl., # 4 Exs. to Howard Decl., # 5 White Decl., # 6 Exs. to White Decl.)(Gerardi, Michael) (Filed on 1/28/2021) (Entered: 01/28/2021)
2021-01-2899CASE MANAGEMENT STATEMENT (Joint) filed by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement. (Gerardi, Michael) (Filed on 1/28/2021) (Entered: 01/28/2021)
2021-02-04100CLERK'S NOTICE RESCHEDULING FURTHER CASE MANAGEMENT CONFERENCE FROM 2/4/2021 TO 2/11/2021 AT 10:30AM: Due to counsel from Department of Justice's absence, the Court RESCHEDULES the further case management conference to 2/11/2021 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. . (This is a text-only entry generated by the court. There is no document associated with this entry.) Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc General Order 58. Persons granted access to court proceedings he ld by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Further Case Management Conference set for 2/11/2021 10:30 AM in San Francisco, - Videoconference Only. (afmS, COURT STAFF) (Filed on 2/4/2021) (Entered: 02/04/2021)
2021-02-11101Minute Entry for proceedings held before Judge Edward M. Chen: Further Case Management Conference held on 2/11/2021. Court ORDERED the parties to prepare a schedule for production and rolling production. Court will anticipate firm and enforceable dates set. Parties are further ORDERED to return to Magistrate Judge Illman for subsequent hearing regarding setting firm dates. Joint Case Management Statement due by 5/6/2021. Further Case Management Conference set for 5/13/2021 10:30 AM in San Francisco, Courtroom 05, 17th Floor. See pdf image for further details. Total Time in Court: 21 Minutes. Court Reporter: Ana Dub. Plaintiff Attorneys: Matt Cagle, Hugh Handeyside. Defendant Attorneys: Elizabeth Tulis, Michael Gerardi. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 2/11/2021) (Entered: 02/15/2021)
2021-02-16102CLERK'S NOTICE: Discovery Hearing (Dkt. 101) scheduled for 2/23/2021 at 11:00 AM. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-684-8852 Access Code: 1868782 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Discovery Hearing set for 2/23/2021 11:00 AM in McKinleyville, Telephone Conference Only before Magistrate Judge Robert M. Illman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Filed on 2/16/2021) (Entered: 02/16/2021)
2021-02-23103Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Discovery Hearing held on 2/23/2021.Parties ordered to meet and confer and submit proposed order by 3/2/2021 at noon. The court encourages a joint submission.FTR Time: 11:03-11:19. Plaintiff Attorney: Matthew Cagle and Hugh Handeyside. Defendant Attorney: Elizabeth Tulis. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Date Filed: 2/23/2021) (Entered: 02/23/2021)
2021-03-01104MOTION for Extension of Time to File Partial Summary Judgment Brief and for Additional Pages filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Attachments: # 1 Proposed Order Proposed Order)(Cagle, Matthew) (Filed on 3/1/2021) (Entered: 03/01/2021)
2021-03-02105ORDER by Judge Edward M. Chen granting 104 Motion for Extension of Time to File Partial Summary Judgment Brief and for Additional Pages. Plaintiff's opposition and cross-motion due 3/25/2021; defendant's reply and opposition to cross-motion due 4/23/2021; plaintiff's reply due 5/6/2021; hearings set for 5/20/2021 at 1:30PM before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 3/2/2021) Modified on 3/2/2021 (afmS, COURT STAFF). (Entered: 03/02/2021)
2021-03-02106CLERK'S NOTICE RESCHEDULING 98 MOTION HEARING FROM 5/6/2021 TO 5/20/2021: Hearing re 98 MOTION for Summary Judgment and cross-motion set for 5/20/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar. Responses due by 3/25/2021. Replies due by 4/23/2021. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Responses due by 3/25/2021. Replies due by 4/23/2021. Motion Hearing set for 5/20/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 3/2/2021) (Entered: 03/02/2021)
2021-03-02107Joint Status Report filed by Department of Homeland Security, Department of State. (Tulis, Elizabeth) (Filed on 3/2/2021) (Entered: 03/02/2021)
2021-03-25108CROSSMOTION AND OPPOSITION/RESPONSE to (re 98 MOTION for Summary Judgment ) filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Attachments: # 1 [Proposed] Order)(Cagle, Matthew) (Filed on 3/25/2021) Modified on 6/11/2021 (msrS, COURT STAFF). (Entered: 03/25/2021)
2021-03-25109Declaration of Hugh Handeyside in Support of 108 Opposition/Response to Motion, filed byAmerican Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 108 ) (Cagle, Matthew) (Filed on 3/25/2021) (Entered: 03/25/2021)
2021-03-26110ORDER re SCHEDULE FOR PRODUCTION re 107 Status Report filed by Department of Homeland Security, Department of State. Signed by Judge Robert M. Illman on 03/26/2021. (rmilc2S, COURT STAFF) (Filed on 3/26/2021) (Entered: 03/26/2021)
2021-04-15111Consent MOTION for Extension of Time to File Response/Reply as to 98 MOTION for Summary Judgment , 108 Opposition/Response to Motion, filed by Department of Homeland Security. (Attachments: # 1 Proposed Order)(Tulis, Elizabeth) (Filed on 4/15/2021) (Entered: 04/15/2021)
2021-04-16112ORDER by Judge Edward M. Chen granting 111 Motion for Extension of Time to File Response/Reply re 98 MOTION for Summary Judgment . Opposition due by 5/7/2021. Replies due by 5/20/2021. Hearing rescheduled for 6/10/2021 at 1:30PM and will be conducted by Zoom Webinar.(afmS, COURT STAFF) (Filed on 4/16/2021) (Entered: 04/16/2021)
2021-04-16113CLERK'S NOTICE RESCHEDULING 98 MOTION DEADLINES AND HEARING DATE: Opposition due by 5/7/2021. Replies due by 5/20/2021. Motion Hearing set for 6/10/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/e mc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . 98 MOTION for Summary Judgment . Responses due by 5 /7/2021. Replies due by 5/20/2021. Motion Hearing set for 6/10/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 4/16/2021) (Entered: 04/16/2021)
2021-04-22114STATUS REPORT by Department of Homeland Security. (Tulis, Elizabeth) (Filed on 4/22/2021) (Entered: 04/22/2021)
2021-04-23115STATUS REPORT by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Cagle, Matthew) (Filed on 4/23/2021) (Entered: 04/23/2021)
2021-04-26116ORDER re 114 Status Report filed by Department of Homeland Security, 115 Status Report filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. Signed by Judge Robert M. Illman on 04/26/2021. (rmilc2S, COURT STAFF) (Filed on 4/26/2021) (Entered: 04/26/2021)
2021-05-04117Consent MOTION for Extension of Time to File Response/Reply as to 98 MOTION for Summary Judgment , 108 Opposition/Response to Motion, filed by Department of Homeland Security. (Attachments: # 1 Proposed Order)(Tulis, Elizabeth) (Filed on 5/4/2021) (Entered: 05/04/2021)
2021-05-05118Consent MOTION for Extension of Time to File Joint Case Management Statement and for Continuance of Case Management Conference filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Attachments: # 1 Proposed Order)(Handeyside, Hugh) (Filed on 5/5/2021) (Entered: 05/05/2021)
2021-05-06119ORDER by Judge Edward M. Chen granting 117 MOTION for Extension of Time to File Response/Reply as to 98 MOTION for Summary Judgment, 108 Opposition/Response to Motion. Defendant's reply and opposition to cross-motion due 5/21/2021; Plaintiffs' reply due 6/10/2021; hearing on 98 Motion for Summary Judgment and Cross-Motions reset for 7/1/2021 at 1:30PM and will be conducted by Zoom Webinar. (afmS, COURT STAFF) (Filed on 5/6/2021) (Entered: 05/06/2021)
2021-05-06120CLERKS NOTICE CONVERTING MOTION HEARING RE: 98 TO ZOOM HEARING. Responses due by 5/21/2021. Replies due by 6/10/2021. Motion Hearing reset for 7/1/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . 98 MOTION for Summary Judgment . Briefing is revised as fo llows: Responses due by 5/21/2021. Replies due by 6/10/2021. Motion Hearing set for 7/1/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 5/6/2021) (Entered: 05/06/2021)
2021-05-06121ORDER by Judge Edward M. Chen granting 118 Motion for Extension of Time to File Joint Case Management Statement and for Continuance of Case Management Conference. Further Case Management Conference set for 5/13/2021 is vacated and rescheduled for 5/20/2021 10:30 AM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 5/13/2021. (afmS, COURT STAFF) (Filed on 5/6/2021) (Entered: 05/06/2021)
2021-05-12122CLERK'S NOTICE RESCHEDULING FURTHER CASE MANAGEMENT CONFERENCE FROM 5/20/2021 TO SPECIALLY SET DATE 5/28/2021 AT 9:00AM: Further Case Management Conference set for 5/20/2021 is vacated and specially reset for 5/28/2021 09:00 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 5/21/2021. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, a nd rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourt s.gov/zoom/ . Joint Case Management Statement due by 5/21/2021. Further Case Management Conference set for 5/28/2021 09:00 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 5/12/2021) (Entered: 05/12/2021)
2021-05-20123CASE MANAGEMENT STATEMENT - Joint Case Management Statement filed by Department of Homeland Security, Department of State, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 5/20/2021) (Entered: 05/20/2021)
2021-05-20124STIPULATION filed by Department of Homeland Security. (Tulis, Elizabeth) (Filed on 5/20/2021) (Entered: 05/20/2021)
2021-05-21125ORDER granting 124 Stipulation filed by Department of Homeland Security. Signed by Judge Edward M. Chen on 5/21/2021. (afmS, COURT STAFF) (Filed on 5/21/2021) (Entered: 05/21/2021)
2021-05-21126REPLY (re 98 MOTION for Summary Judgment ) Reply in Further Support of DHS's Motion for Summary Judgment with Respect to CBP, ICE, and USCIS and Opposition to Plaintiffs' Cross-Motion filed byDepartment of Homeland Security. (Attachments: # 1 Proposed Order)(Tulis, Elizabeth) (Filed on 5/21/2021) (Entered: 05/21/2021)
2021-05-21127Declaration of Patrick Howard in Support of 98 MOTION for Summary Judgment , 126 Reply to Opposition/Response, Supplemental Declaration of Patrick Howard filed byDepartment of Homeland Security. (Attachments: # 1 Exhibit A - Amended Vaughn Index, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 98 , 126 ) (Tulis, Elizabeth) (Filed on 5/21/2021) (Entered: 05/21/2021)
2021-05-21128Declaration of Fernando Pineiro in Support of 98 MOTION for Summary Judgment , 126 Reply to Opposition/Response, Supplemental Declaration of Fernando Pineiro filed byDepartment of Homeland Security. (Attachments: # 1 Exhibit - Amended Vaughn Index Entry)(Related document(s) 98 , 126 ) (Tulis, Elizabeth) (Filed on 5/21/2021) (Entered: 05/21/2021)
2021-05-21129Declaration of Terri White in Support of 98 MOTION for Summary Judgment , 126 Reply to Opposition/Response, Supplemental Declaration of Terri White filed byDepartment of Homeland Security. (Related document(s) 98 , 126 ) (Tulis, Elizabeth) (Filed on 5/21/2021) (Entered: 05/21/2021)
2021-05-24130STATUS REPORT Joint Status Report by Department of Homeland Security. (Tulis, Elizabeth) (Filed on 5/24/2021) (Entered: 05/24/2021)
2021-05-28131NOTICE of Appearance by Vinita Andrapalliyal (Andrapalliyal, Vinita) (Filed on 5/28/2021) (Entered: 05/28/2021)
2021-05-28132Minute Entry for proceedings held before Judge Edward M. Chen: Further Case Management Conference held on 5/28/2021. See pdf image for further details. Total Time in Court: 8 Minutes. Court Reporter: Debra Pas. Plaintiff Attorney: Matthew Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 5/28/2021) (Entered: 06/02/2021)
2021-06-10133REPLY Re: 108 IN SUPPORT OF CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT WITH RESPECT TO CBP, ICE, AND USCIS i> filed byAmerican Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Cagle, Matthew) (Filed on 6/10/2021) Modified on 6/11/2021 (msrS, COURT STAFF). (Entered: 06/10/2021)
2021-06-10134Declaration of Hugh Handeyside in Support of 133 Reply to Opposition/Response, and Plaintiffs' Cross Motion for Partial Summary Judgement filed byAmerican Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 133 ) (Cagle, Matthew) (Filed on 6/10/2021) (Entered: 06/10/2021)
2021-06-28135CLERK'S NOTICE RESCHEDULING MOTION HEARING RE 108 MOTION FOR SUMMARY JUDGMENT FROM 7/1/2021 TO 7/2/2021 AT 10:00AM: Hearing re: 108 MOTION, 98 MOTION for Summary Judgment set for 7/1/2021 is vacated and rescheduled for 7/2/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscour ts.gov/zoom/ . Motion Hearing set for 7/2/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/28/2021) (Entered: 06/28/2021)
2021-07-02136NOTICE by Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement (Andrapalliyal, Vinita) (Filed on 7/2/2021) (Entered: 07/02/2021)
2021-07-02137Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 7/2/2021 re 98 MOTION for Summary Judgment and 108 CROSS-MOTION filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. The Government is instructed to submit unredacted copies of the documents at issue for in camera review within ten (10) days of the hearing. Total Time in Court: 1 Hour; 28 Minutes. Court Reporter: Katherine Sullivan. Plaintiff Attorneys: Hugh Handeyside, Matt Cagle. Defendant Attorney: Vinita Andrapalliyal. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 7/2/2021) (Entered: 07/06/2021)
2021-07-16138STATUS REPORT (Joint) by Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Andrapalliyal, Vinita) (Filed on 7/16/2021) (Entered: 07/16/2021)
2021-09-08139CLERK'S NOTICE: The Court needs clarification on the Government's position regarding the applicability of the deliberative process privilege under Exemption 5 of the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(5), to the following documents: CBP 1-4, 8-12, 13-15, 16-17, 18-19, 20-22 ("Issue Papers"); CBP 23-39, 48-57, 296-306, 337-48, 349-58 ("PTAs"); ICE 62-63, 1012-14 ("Contracts"); ICE 569-640 ("Performance Work Statement Visa Lifecycle Vetting Initiative"); USCIS 1571 ("E-mail"); and USCIS 1711-12 ("E-mail"). Accordingly, the Court will conduct an ex parte, in camera hearing via Zoom with the Government's counsel to go over all the redactions in each of these documents on Thursday, September 9, 2021, at 3:30 p.m. The Government's counsel should be prepared to state with specificity exactly how Exemption 5 applies to each redaction. The transcript of the hearing will be filed under seal such that only the Government's counsel and the Court will have access to it. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 9/8/2021) (Entered: 09/08/2021)
2021-09-08140CLERK'S NOTICE VACATING EX PARTE IN CAMERA HEARING SET 9/9/2021 AT 3:30PM. Court vacates sua sponte ex parte in camera hearing set for 9/9/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 9/8/2021) Modified on 9/9/2021 (afmS, COURT STAFF). (Entered: 09/08/2021)
2021-09-09141CLERK'S NOTICE RESETTING EX PARTE IN CAMERA HEARING TO FRIDAY, 9/17/2021, AT 10:30AM. Parties to refer to 139 Clerk's Notice. In Camera Hearing set for 9/17/2021 10:30 AM in San Francisco, - Videoconference Only. Counsel to be emailed Zoom Meeting invitation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 9/9/2021) (Entered: 09/09/2021)
2021-09-17142ADMINISTRATIVE MOTION FOR PUBLIC RELEASE OF HEARING TRANSCRIPT re 141 Clerk's Notice, re 139 Clerk's Notice filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. Responses due by 9/21/2021. (Attachments: #(1) Proposed Order)(Handeyside, Hugh) (Filed on 9/17/2021) (Entered: 09/17/2021)
2021-09-20143NOTICE by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement of Filing of Reprocessed Document (Attachments: # 1 Exhibit)(Andrapalliyal, Vinita) (Filed on 9/20/2021) (Entered: 09/20/2021)
2021-09-21144OPPOSITION/RESPONSE (re 142 ADMINISTRATIVE MOTION for Public Release of Redacted Hearing Transcript re 141 Clerk's Notice, re 139 Clerk's Notice ) filed by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement. (Attachments: #(1) [Proposed] Order)(Andrapalliyal, Vinita) (Filed on 9/21/2021) (Entered: 09/21/2021)
2021-09-22145ORDER by Judge Edward M. Chen Granting in Part and Denying in Part 98 108 Cross-Motions for Partial Summary Judgment. (emcsec, COURT STAFF) (Filed on 9/22/2021) (Entered: 09/22/2021)
2021-09-24147CLERK'S NOTICE: Plaintiff's motion, Docket No. 142 , requesting public release of a redacted transcript of the ex parte, in camera hearing held on Friday, September 17, 2021 at 10:30am is GRANTED. Within 14 days of this order, Defendants are ordered to review the transcript of the hearing and recommend redactions to the transcript, if any, to the Court. Defendants must submit to the Court their proposed redactions along with an unredacted copy of the transcript. Defendants should refer to the Court's instructions for E-Filing Under Seal in Civil Cases, available at https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/e-filing-my-documents/e-filing-under-seal/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 9/24/2021) (Entered: 09/24/2021)
2021-09-29149Joint MOTION for Clarification, Correction, or Relief from Order re 145 Order on Motion for Summary Judgment, Order on Motion for Miscellaneous Relief filed by Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. Motion Hearing set for 10/21/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 10/13/2021. Replies due by 10/20/2021. (Attachments: # 1 Proposed Order)(Andrapalliyal, Vinita) (Filed on 9/29/2021) (Entered: 09/29/2021)
2021-09-30150AMENDED ORDER by Judge Edward M. Chen Granting in Part and Denying in Part 98 108 Cross-Motions for Partial Summary Judgment. (emcsec, COURT STAFF) (Filed on 9/30/2021) (Entered: 09/30/2021)
2021-10-01151Sealed Transcript of Videoconference Proceedings held on September 17, 2021, before Judge Edward M. Chen. Court Reporter/Transcriber Marla F. Knox, RPR, CRR, RMR, Telephone number (602) 391-6990/email marla_knox@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy,any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 10/19/2021. Redacted Transcript Deadline set for 10/29/2021. (mfk, COURT STAFF) (Filed on 10/1/2021) (Entered: 10/01/2021)
2021-10-08152Administrative Motion to File Under Seal Portions of Sept. 17, 2021 Ex Parte Hearing Transcript filed by Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Redacted Transcript, # 4 Unredacted Transcript)(Andrapalliyal, Vinita) (Filed on 10/8/2021) (Entered: 10/08/2021)
2021-10-10153ORDER by Judge Edward M. Chen granting 152 Administrative Motion to File Under Seal. (afmS, COURT STAFF) (Filed on 10/10/2021) (Entered: 10/10/2021)
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