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Case TitleACLU of Southern California v. United States Department of Homeland Security et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2019cv00983
Date Filed2019-02-08
Date Closed2019-06-14
JudgeJudge Philip S. Gutierrez
PlaintiffACLU of Southern California
Case DescriptionThe ACLU of Southern California submitted a FOIA request to the Department of Homeland Security for records concerning a report prepared by the Detention Standards Implementation Initiative of the American Bar Association. The ACLU of Southern California also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ACLU of Southern California filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Immigration and Customs Enforcement a component of the Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [16]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-081COMPLAINT Receipt No: 0973-23185251 - Fee: $400, filed by Plaintiff ACLU of Southern California. (Attachments: # 1 Exhibit A to Complaint, # 2 Exhibit B to Complaint, # 3 Exhibit C to Complaint) (Attorney Neal James Gauger added to party ACLU of Southern California(pty:pla))(Gauger, Neal) (Entered: 02/08/2019)
2019-02-082CIVIL COVER SHEET filed by Plaintiff ACLU of Southern California. (Gauger, Neal) (Entered: 02/08/2019)
2019-02-083Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff ACLU of Southern California. (Gauger, Neal) (Entered: 02/08/2019)
2019-02-084Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff ACLU of Southern California. (Gauger, Neal) (Entered: 02/08/2019)
2019-02-085Notice of Appearance or Withdrawal of Counsel: for attorney Jason P Gonzalez counsel for Plaintiff ACLU of Southern California. Adding Jason P. Gonzalez as counsel of record for ACLU of Southern California for the reason indicated in the G-123 Notice. Filed by Plaintiff ACLU of Southern California. (Attorney Jason P Gonzalez added to party ACLU of Southern California(pty:pla))(Gonzalez, Jason) (Entered: 02/08/2019)
2019-02-116NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Michael R. Wilner. (ghap) (Entered: 02/11/2019)
2019-02-117NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 02/11/2019)
2019-02-11830 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant United States Department of Homeland Security. (ghap) (Entered: 02/11/2019)
2019-02-11930 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant United States Immigration and Customs Enforcement. (ghap) (Entered: 02/11/2019)
2019-02-1210STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) (Entered: 02/12/2019)
2019-02-2611NOTICE OF ERRATA filed by Plaintiff ACLU of Southern California. correcting Complaint (Attorney Civil Case Opening), 1 (Gauger, Neal) (Entered: 02/26/2019)
2019-03-1512PROOF OF SERVICE Executed by Plaintiff ACLU of Southern California, upon Defendant United States Immigration and Customs Enforcement served on 2/27/2019. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons returned. (Gauger, Neal) (Entered: 03/15/2019)
2019-03-1513PROOF OF SERVICE Executed by Plaintiff ACLU of Southern California, upon Defendant Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons returned. (Gauger, Neal) (Entered: 03/15/2019)
2019-03-1814PROOF OF SERVICE Executed by Plaintiff ACLU of Southern California, upon Defendant United States Department of Homeland Security served on 2/27/2019, answer due 4/29/2019. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons returned. (Gauger, Neal) (Entered: 03/18/2019)
2019-04-1515AFFIDAVIT by affiant: Nina Lew re Errata 11 , Notice of Assignment to United States Judges(CV-18) - optional html form 6 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form 7 , Initial Order upon Filing of Complaint - form only 10 , Summons Issued (Attorney Civil Case Opening) 8 , Complaint (Attorney Civil Case Opening), 1 , Notice of Appearance or Withdrawal of Counsel (G-123), 5 , Civil Cover Sheet (CV-71) 2 of Due Diligence filed by Plaintiff ACLU of Southern California (Gauger, Neal) (Entered: 04/15/2019)
2019-05-0316ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Judge Philip S. Gutierrez. Response to Order to Show Cause due by 5/17/2019. (wm) (Entered: 05/03/2019)
2019-05-1717REQUEST for Clerk to Enter Default against Defendants All Defendants filed by Plaintiff ACLU of Southern California. (Gauger, Neal) (Entered: 05/17/2019)
2019-05-1718DECLARATION of Neal J. Gauger re REQUEST for Clerk to Enter Default against Defendants All Defendants 17 filed by Plaintiff ACLU of Southern California. (Attachments: # 1 Exhibit A to Declaration)(Gauger, Neal) (Entered: 05/17/2019)
2019-05-2219NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendants 17 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. (bm) (Entered: 05/22/2019)
2019-05-2820MINUTES (IN CHAMBERS) The Court DENIES Plaintiff's request for entry of default by Judge Philip S. Gutierrez: denying 17 REQUEST for Clerk to Enter Default: Accordingly, the Court DENIES Plaintiff's request. The Court further ORDERS Plaintiff to show cause in writing no later than June 11, 2019 why this case should not be dismissed for failure to serve within ninety days under Federal Rule of Civil Procedure 4(m). Failure to respond will result in the case being dismissed without prejudice. (see document for further details) (bm) (Entered: 05/28/2019)
2019-06-1121RESPONSE filed by Plaintiff ACLU of Southern Californiato Order on Motion for Clerk to Enter Default,, 20 (Gauger, Neal) (Entered: 06/11/2019)
2019-06-1422MINUTE ORDER IN CHAMBERS Order dismissing the case by Judge Philip S. Gutierrez: On May 28, 2019, the Court ordered Plaintiff ACLU of Southern California ("Plaintiff") to show cause why the case should not be dismissed for failure to serve within ninety days under Federal Rule of Civil Procedure 4(m). See Dkt. no. 20. Plaintiff has filed a timely response, requesting the Court to dismiss the complaint without prejudice so that it can file a new pleading. See Dkt. no. 21. Accordingly, the Court DISMISSES the case without prejudice. This order closes the case. (Made JS-6. Case Terminated.) (bm) (Entered: 06/14/2019)
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