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Case TitleAmerican Civil Liberties Union of Colorado v. U.S. Immigration and Customs Enforcement
DistrictDistrict of Colorado
CityDenver
Case Number1:2019cv01036
Date Filed2019-04-09
Date ClosedOpen
JudgeMagistrate Judge Nina Y. Wang
PlaintiffAmerican Civil Liberties Union of Colorado
Case DescriptionThe ACLU of Colorado submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the death of Kamyar Samimi, a permanent legal resident who had been detained by ICE and died in custody. The ACLU of Colorado also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and eventually provided five pages with redactions. The ACLU of Colorado filed an administrative appeal of that decision. The agency responded to the appeal by telling the ACLU of Colorado that its request was being remanded for further searching but that the circumstances surrounding Samini's death were still under investigation, limiting the agency's ability to search. After hearing nothing further from the agency, the ACLU of Colorado filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-091COMPLAINT for Declaratory and Injunctive Relief against U.S. Immigration and Customs Enforcement (Filing fee $ 400,Receipt Number 1082-6624945)Attorney Arash Jahanian added to party American Civil Liberties Union of Colorado(pty:pla), filed by American Civil Liberties Union of Colorado. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Summons)(Jahanian, Arash) (Entered: 04/09/2019)
2019-04-092Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (rvill, ) (Entered: 04/09/2019)
2019-04-093SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (rvill, ) (Entered: 04/09/2019)
2019-04-094Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (rvill, ) (Entered: 04/09/2019)
2019-04-095NOTICE of Related Case by Plaintiff American Civil Liberties Union of Colorado (Jahanian, Arash) (Entered: 04/09/2019)
2019-04-096MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 19-cv-01036-NRN. (athom, ) (Entered: 04/09/2019)
2019-04-097Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) (Entered: 04/09/2019)
2019-04-108ORDER OF RECUSAL by Magistrate Judge N. Reid Neureiter on 4/10/2019. (slibi, ) (Entered: 04/10/2019)
2019-04-109CASE REASSIGNED. Pursuant to Order of Recusal. This case is randomly reassigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 19-cv-01036-NYW. (Text Only Entry) (slibi, ) (Entered: 04/10/2019)
2019-04-1010Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (slibi, ) (Entered: 04/10/2019)
2019-04-1011NOTICE of Entry of Appearance for Mark Silverstein by Mark Silverstein on behalf of American Civil Liberties Union of ColoradoAttorney Mark Silverstein added to party American Civil Liberties Union of Colorado(pty:pla) (Silverstein, Mark) (Entered: 04/10/2019)
2019-04-1812MINUTE ORDER by Magistrate Judge Nina Y. Wang on 4/18/19. Consent Form due by 5/23/2019. Status Conference set for 6/6/2019 10:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, ) (Entered: 04/19/2019)
2019-04-3013NOTICE of Entry of Appearance by Jane Elizabeth Bobet on behalf of U.S. Immigration and Customs EnforcementAttorney Jane Elizabeth Bobet added to party U.S. Immigration and Customs Enforcement(pty:dft) (Bobet, Jane) (Entered: 04/30/2019)
2019-05-1614AFFIDAVIT/RETURN of Service of Complaint and Summons upon U.S. Immigration and Customs Enforcement on April 18, 2019 - answer due May 20, 2019 in accordance with 5 USC 552 (a)(4)(C), filed by Plaintiff American Civil Liberties Union of Colorado (Jahanian, Arash) (Entered: 05/16/2019)
2019-05-1615Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order (PDF Only))(Bobet, Jane) (Entered: 05/16/2019)
2019-05-1716ORDER granting 15 Motion for Extension of Time to Answer or Otherwise Respond. Defendant's Answer or other responsive pleading due 6/3/2019. By Magistrate Judge Nina Y. Wang on 5.17.2019. Text Only Entry(nywlc1, ) (Entered: 05/17/2019)
2019-05-2217CONSENT to Jurisdiction of Magistrate Judge by Plaintiff American Civil Liberties Union of Colorado All parties consent.. (Jahanian, Arash) (Entered: 05/22/2019)
2019-05-2218ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge 17 , this case is referred to Magistrate Judge Nina Y. Wang for all purposes pursuant to 28 U.S.C. § 636(c). By Chief Judge Philip A. Brimmer on 5/22/19. Text Only Entry (pabsec) (Entered: 05/22/2019)
2019-06-0319ANSWER to 1 Complaint, by U.S. Immigration and Customs Enforcement.(Bobet, Jane) (Entered: 06/03/2019)
2019-06-0620COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 6/6/2019 before Magistrate Judge Nina Y. Wang. Defendant shall file its opening brief on or before July 17, 2019. Plaintiff shall file its response on or before August 7, 2019. Defendant shall file its reply on or before August 21, 2019. FTR: Courtroom A-502. (bwilk, ) (Entered: 06/18/2019)
2019-07-1521Unopposed MOTION for Extension of Time to file Summary Judgment Briefing by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order (PDF Only))(Bobet, Jane) (Entered: 07/15/2019)
2019-07-1622ORDER granting 21 Unopposed Motion for Extension of Time. Defendant's Motion for summary judgment due 9/9/2019. Response due on 9/30/2019 and Reply due on 10/14/2019. By Magistrate Judge Nina Y. Wang on 7.16.2019. Text Only Entry(nywlc1, ) (Entered: 07/16/2019)
2019-09-0323Unopposed MOTION for Extension of Time to file Summary Judgment Briefing by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 09/03/2019)
2019-09-0324ORDER granting 23 Motion for Extension of Time to File by Magistrate Judge Nina Y. Wang on 9/3/2019. Defendant's motion for summary judgment due September 19, 2019; Plaintiff's response to the motion due October 10, 2019; and Defendant's reply due October 24, 2019. Text Only Entry(nywlc2, ) (Entered: 09/03/2019)
2019-09-1725Unopposed MOTION for Extension of Time to file Summary Judgment Briefing by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 09/17/2019)
2019-09-1826ORDER granting 25 Motion for Extension of Time to File Summary Judgment Briefings by Magistrate Judge Nina Y. Wang on 09/18/2019. Defendant's Motion for Summary Judgment is due by October 21, 2019. Plaintiff's Response is due by November 11, 2019. Defendant's Reply is due by November 25, 2019. No further extensions will be granted absent extraordinary circumstances. Text Only Entry(nywlc1, ) (Entered: 09/18/2019)
2019-10-1727Unopposed MOTION to Vacate Summary Judgment Briefing Deadlines by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 10/17/2019)
2019-10-2128MINUTE ORDER re: 27 Unopposed MOTION to Vacate Summary Judgment Briefing Deadlines, filed by Defendant, by Magistrate Judge Nina Y. Wang on 10/21/2019. A Telephonic Status Conference is set for 10/24/2019 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. Counsel shall initiate a conference call among themselves prior to calling chambers on one telephone line at (303) 335-2600 at the designated time. Text Only Entry (nywlc1, ) (Entered: 10/21/2019)
2019-10-2229NOTICE of Entry of Appearance for Sara R. Neel by Sara R. Neel on behalf of American Civil Liberties Union of ColoradoAttorney Sara R. Neel added to party American Civil Liberties Union of Colorado(pty:pla) (Neel, Sara) (Entered: 10/22/2019)
2019-10-2430COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 10/24/2019 before Magistrate Judge Nina Y. Wang. The Unopposed Motion to Vacate Summary Judgment Briefing Deadlines 27 is GRANTED. Parties shall submit a Joint Status Report on or before 12/4/2019. A telephonic Status Conference is set for 12/18/2019 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. Counsel shall initiate a conference call among themselves prior to calling chambers on one telephone line at (303) 335-2600 at the designated time. FTR: Courtroom A-502. (bwilk, ) (Entered: 10/25/2019)
2019-12-0431Joint STATUS REPORT by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 12/04/2019)
2019-12-0532MOTION to Withdraw as Attorney Arash Jahanian by Plaintiff American Civil Liberties Union of Colorado. (Jahanian, Arash) (Entered: 12/05/2019)
2019-12-0633ORDER granting 32 Motion to Withdraw as Attorney by Magistrate Judge Nina Y. Wang on 12/6/2019. Attorney Arash Jahanian terminated. Text Only Entry(nywlc1, ) (Entered: 12/06/2019)
2019-12-1734MINUTE ORDER by Magistrate Judge Nina Y. Wang on 12/17/2019. In light of the Parties 31 Joint Status Report filed on 12/4/2019, this court hereby VACATES the Status Conference set for 12/18/2019 at 10:00 a.m. and RE-SETS the Status Conference for 1/17/2020 at 10:30 a.m. A Joint Status Report is due to the court no later than 1/13/2020. Text Only Entry (nywlc1, ) (Entered: 12/17/2019)
2020-01-1335Joint STATUS REPORT and Motion to Vacate Status Conference by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) Modified on 1/14/2020 to add gavel to entry pursuant to direction from the Chambers of Magistrate Judge Wang. (nmarb, ). (Entered: 01/13/2020)
2020-01-1436ORDER denying 35 Motion to Vacate by Magistrate Judge Nina Y. Wang on 1/14/2020. However, the Status Conference set for 1/17/2020 at 10:30 AM is hereby converted to a Telephonic Status Conference. The parties shall jointly contact chambers on one telephone line at 303.335.2600 at the designated time. Text Only Entry(nywlc1, ) (Entered: 01/14/2020)
2020-01-1737COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 1/17/2020 before Magistrate Judge Nina Y. Wang. Parties shall submit a Joint Status Report on or before 3/13/2020 if production is complete, when it is anticipated to be complete, any issues that may need briefing, and if parties need a Telephonic Status Conference. FTR: Courtroom A-502. (bwilk, ) (Entered: 01/17/2020)
2020-03-1338Joint STATUS REPORT by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 03/13/2020)
2020-06-1039Joint STATUS REPORT by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 06/10/2020)
2020-06-1140MINUTE ORDER: Upon consideration of 39 the Parties Joint Status Report dated June 10, 2020, the Parties are ORDERED to file a Joint Status Report no later than August 31, 2020, informing the court as to the status of the remaining contemplated production, if any, and indicating whether further proceedings are necessary in this action. By Magistrate Judge Nina Y. Wang on 6/11/2020. Text Only Entry (nywlc1) (Entered: 06/11/2020)
2020-08-3141Joint STATUS REPORT by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 08/31/2020)
2020-09-0242MINUTE ORDER: Upon consideration of 41 the Parties Joint Status Report dated August 31, 2020, the Parties are ORDERED to file a Joint Status Report no later than October 16, 2020, informing the court as to the status of the Parties' discussion as to attorney's fees, and indicating whether further proceedings are necessary in this action. By Magistrate Judge Nina Y. Wang on 9/2/2020. Text Only Entry (nywlc1) (Entered: 09/02/2020)
2020-10-1543Joint STATUS REPORT by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 10/15/2020)
2020-10-1944MINUTE ORDER re: 43 Status Report filed by U.S. Immigration and Customs Enforcement by Magistrate Judge Nina Y. Wang on 10/19/2020. The Parties shall file a Joint Status Report by no later than 11/30/2020 regarding whether agreement has been reached related to attorney's fees and, if not, whether the Parties anticipate that the issue can be resolved without the court's intervention. Text Only Entry (nywlc1, ) (Entered: 10/19/2020)
2020-11-3045Joint STATUS REPORT by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 11/30/2020)
2020-12-0146MINUTE ORDER re: 45 Status Report filed by U.S. Immigration and Customs Enforcement by Magistrate Judge Nina Y. Wang on 12/1/2020. The Parties shall file a Joint Status Report by no later than 12/31/2020 regarding whether agreement has been reached related to attorney's fees and, if not, whether the Parties anticipate that the issue can be resolved without the court's intervention. Text Only Entry (nywlc1, ) (Entered: 12/01/2020)
2020-12-3147Joint STATUS REPORT by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 12/31/2020)
2020-12-3148MINUTE ORDER: In light of the 47 Status Report filed by U.S. Immigration and Customs Enforcement, the Parties shall file a Joint Status Report by no later than 2/1/2021 regarding whether agreement has been reached related to attorney's fees and, if not, whether the Parties anticipate that the issue can be resolved without the court's intervention. By Magistrate Judge Nina Y. Wang on 12/31/2020. Text Only Entry (nywlc1, ) (Entered: 12/31/2020)
2021-02-0149Joint STATUS REPORT by Defendant U.S. Immigration and Customs Enforcement. (Bobet, Jane) (Entered: 02/01/2021)
2021-02-0250MINUTE ORDER: In light of the representations made in the 49 Status Report filed by U.S. Immigration and Customs Enforcement, Dismissal Papers shall be filed by no later than 4/2/2021. By Magistrate Judge Nina Y. Wang on 2/2/2021. Text Only Entry (nywlc1, ) (Entered: 02/02/2021)
2021-03-2251STIPULATION of Dismissal of Case by Plaintiff American Civil Liberties Union of Colorado. (Neel, Sara) (Entered: 03/22/2021)
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